UNITTEDSTATES SENATE COMMITTEE ON THE JUDICIARY QUESTIONNAIRE FOR NON-JUDICIAL NOMINEES PUBLIC 1. Name: State full name (include any former names used). James Xavier Dempsey 2. Position: State the position for which you have been nominated. Member, Privacy and Civil Liberties Oversight Board 3. Address: List current office address. If city and state of residence differs from your place of employment, please list the city and state where you currently reside. Primary office: 55 New Montgomery Street #513 San Francisco, CA 94105 CDT's Washington, DC office: 1634 I Street, NW # 1100 Washington, DC 20006 4. Birthplace: State date and place of birth. May 20, 1953 Waterbury, CT 5. Education: List in reverse chronological order each college, law school, or any other institution of higher education attended and indicate for each the dates of attendance, whether a degree was received, and the date each degree was received. Harvard Law School, 1976-1979, JD 1979 Yale College, 1971-1975, BA 1975 6. Employment Record: List in reverse chronological order all governmental agencies, business or professional corporations, companies, firms, or other enterprises, partnerships, institutions or organizations, non-profit or otherwise, with which you have been affiliated as an officer, director, partner, proprietor, or employee since graduation from college, whether or not you received payment for your services. Include the name and address of the employer and job title or description. Center for Democracy and Technology (1997 - present) Current positions: Vice President for Public Policy; Corporate Secretary 1634 I Street, NW #1100 Washington DC 20006
Transcript
UNITTEDSTATES SENATECOMMITTEE ON THE JUDICIARY
QUESTIONNAIRE FOR NON-JUDICIAL NOMINEES
PUBLIC
1 Name State full name (include any former names used)
James Xavier Dempsey
2 Position State the position for which you have been nominated
Member Privacy and Civil Liberties Oversight Board
3 Address List current office address If city and state of residence differs from yourplace of employment please list the city and state where you currently reside
Primary office55 New Montgomery Street 513San Francisco CA 94105
CDTs Washington DC office1634 I Street NW 1100Washington DC 20006
4 Birthplace State date and place of birth
May 20 1953 Waterbury CT
5 Education List in reverse chronological order each college law school or any otherinstitution of higher education attended and indicate for each the dates of attendancewhether a degree was received and the date each degree was received
Harvard Law School 1976-1979 JD 1979Yale College 1971-1975 BA 1975
6 Employment Record List in reverse chronological order all governmental agenciesbusiness or professional corporations companies firms or other enterprisespartnerships institutions or organizations non-profit or otherwise with which you havebeen affiliated as an officer director partner proprietor or employee since graduationfrom college whether or not you received payment for your services Include the nameand address of the employer and job title or description
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW 1100Washington DC 20006
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Previous positions Policy Director (2005-2007) Executive Director (2003 - 2005)Deputy Director (2001-2002) Senior Staff Counsel (1997-2000)
Center for National Security Studies (1995 - 1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 - 1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 20515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NWWashington DC 20004
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
Palmer amp Dodge (Summer 1978)Summer law clerkBoston MA
Weil Gotshal amp Manges (Summer 1977)Summer law clerkNew York NY
Civil Liberties Union of Massachusetts (1977-1979)Research AssistantBoston MA
VISTA (Volunteers in Service to America) (1975-1976)VISTA volunteer Midlands Community Action Agency Columbia SC and GeorgiaDepartment of Corrections Atlanta Georgia
3
7 Militarv Service and Draft Status Identify any service in the US Military includingdates of service branch of service rank or rate serial number (if different from socialsecurity number) and type of discharge received and whether you have registered forselective service
None
8 Honors and Awards List any scholarships fellowships honorary degrees academic orprofessional honors honorary society memberships military awards and any otherspecial recognition for outstanding service or achievement
Phi Beta Kappa
9 Bar Associations List all bar associations or legal or judicial-related committeesselection panels or conferences of which you are or have been a member and give thetitles and dates of any offices which you have held in such groups
American Bar Association -Member Approx 1980 to 1984 or 1985
10 Bar and Court Admission
a List the date(s) you were admitted to the bar of any state and any lapses inmembership Please explain the reason for any lapse in membership
District of Columbia bar - admitted March 10 1980
b List all courts in which you have been admitted to practice including dates ofadmission and any lapses in membership Please explain the reason for any lapsein membership Give the same information for administrative bodies that requirespecial admission to practice
US District Court for the District of Columbia - October 6 1980US Court of Appeals for the District of Columbia Circuit - June 5 1981Supreme Court of the United States - March 28 1983U S Court of Appeals for the Ninth Circuit - December 27 1983US Court of Appeals for the Fourth Circuit - July 25 1984U S Claims Court - August 16 1984
11 Memberships
a List all professional business fraternal scholarly civic charitable or otherorganizations other than those listed in response to Questions 9 or 10 to whichyou belong or to which you have belonged since graduation from law schoolProvide dates of membership or participation and indicate any office you held
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Include clubs working groups advisory or editorial boards panels committeesconferences or publications
Defending Dissent Foundation (2007 - present)Vice President and Member Board of Directors (unpaid)
First Amendment Foundation (2002 - 2007)Vice President and Member Board of Directors (unpaid)(The First Amendment Foundation merged in 2007 with another organization tobecome the Defending Dissent Foundation)
The Oversight Project (1997 - 2007)President and Member Board of Directors (unpaid)(The Oversight Project never conducted major activities it was ended in 2007)
Digital Policy Institute (2003-2007)President and Member Board of Directors (unpaid) (The Digital Policy Instituteceased operation in 2007)
The Center for Democracy and Technology (CDT) sponsors the Digital Privacyand Security Working Group (DPSWG) a policy forum for computer andcommunications companies trade associations and public interest organizationsI have participated in DPSWG since I joined CDT in 1997 I coordinated itsmeetings and mailing list until 2010 Since 2010 I have coordinated Digital DueProcess a coalition recommending updates to the Electronic CommunicationsPrivacy Act
The Global Internet Policy Initiative was an unincorporated project of CDT andInternews from 2001 to around 2006 I was Policy Director for the project Theproject is no longer active
Bill of Rights Defense Committee Advisory Board (2002 - present)
National Strategic Policy Council on Cyber and Electronic Crime of the NationalGovernors Association Center for Best Practices (2006-2007)
Steering Committee of the ANSI-BBB Identity Theft Prevention and IdentityManagement Standards Panel (2006-2008)
Markle Foundation Task Force on National Security in the Information Age-member (2004 - present) member of steering committee (2006 - present)
Markle Foundation Connecting for Health initiative - participant and member ofsteering committee (2007- 2008)
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Industry Advisory Board for the National Counter-Terrorism Center (2005 -2006)
Transportation Security Administration Secure Flight Working Group (2005)
Conference on Computers Freedom and Privacy sponsored by AOL theAssociation for Computing Machinery and other for profit and non-profitorganizations Program Committee (2007)
California Identity Theft Summit sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation Advisory Committee (2007)
California e-Prescribing Task Force sponsored by the California HealthCareFoundation (2008 - 2009)
State of California Terrorism Threat Assessment Advisory Group CaliforniaOffice of Homeland Security (2008 - present)
DARPA Privacy Panel (2010 - present)
Janney School Washington DC PTA Vice President (1997- 1999)
Maret School Washington DC Auction committee (2003-2005)
Urban School San Francisco CA Auction committee (2008)
From around 1989 to 2005 I attended and made contributions to S1ColumbasChurch in Washington DC From late 2005 or early 2006 to 2009 I attended andmade contributions to St Aidans Church in San Francisco where I served on thestewardship committee for about a year and a half between 2007 and 2009 Ihave more recently attended and made contributions to Trinity Church in SanFrancisco
I have made fmancial contributions to charitable organizations over the years Ihave not included in the list above any organizations to which I gave funds anddid not otherwise participate in programmatic activities although the organizationmay label me a member
b Indicate whether any of these organizations listed in response to lla abovecurrently discriminate or formerly discriminated on the basis of race sex religionor national origin either through formal membership requirements or the practicalimplementation of membership policies If so describe any action you have takento change these policies and practices
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None of the organizations I listed in response to 1la above to my knowledgecurrently discriminate or formerly discriminated on the basis of race sex orreligion either through formal membership requirements or the practicalimplementation of membership policies
12 Published Writings and Public Statements
a List the titles publishers and dates of books articles reports letters to the editoreditorial pieces or other published material you have written or edited includingmaterial published only on the Internet Supply four (4) copies of all publishedmaterial to the Committee
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
PublicationslBooksDeirdre K Mulligan and Jim Dempsey Internet Can Be a Big Benefit for
Democracy San Francisco Chronicle (op-ed) July 4 2010
Deven McGraw James X Dempsey Leslie Harris and Janlori Goldman PrivacyAs An Enabler Not An Impediment Building Trust Into HealthInformation Exchange Health Affairs Vol 28 no 2 (2009)
Digital Search amp Seizure Updating Privacy Protections To Keep Pace WithTechnology article reprinted in course handbook for the Privacy andSecurity Law Institute 2008 (PLI June 2008 and June 2009)
Federal Computer Security Initiative Welcome but Too Secretive Forbesonline May 13 2008
The Internet at Risk The Need for Higher Education Advocacy EDUCAUSEReview Vol 42 No6 NovemberlDecember 2007
James X Dempsey and Ira Rubinstein Lawyers and Technologists Joined at theHip Guest Editors Introduction to IEEE Security and PrivacyMagazine Vol 4 Issue 3 (MayJune 2006)
James X Dempsey and Lara M Flint Commercial Data and National SecurityThe George Washington Law Review Vol 72 Number 6 (August 2004)
What E-Government Means for Those of Us Who Cannot Type LocalGovernment Brief Winter 2003 p 22
Civil Liberties in a Time of Crisis Journal of the National Council of JewishWomen Winter 20012002 (typescript submitted in hardcopy)
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James X Dempsey and David Cole Terrorism and the Constitution (New Press3rd ed 2006)
Essays on PATRIOT Act provisions in Patriot Debates Experts Debate theUSA PATRIOT Act Stewart A Baker and John Kavanagh editors(published by the American Bar Association Standing Committee on Lawand National Security June 2005)
James X Dempsey Civil Liberties in a Time of Crisis Human Rights Winter2002
James X Dempsey Freedom of Expression in the IT Era User Empowermentedited transcript of a speech to the IPI World Congress and 50th GeneralAssembly (January 2001)
James X Dempsey and Martin L Stem Disconnect the FBI Wiretap PlanLegal Times June 15 1998
Michael J ONeil and James X Dempsey 2000 DePaul Business Law JournalCritical Infrastructure Protection Threats To Privacy And Other CivilLiberties And Concerns With Government Mandates On Industry
Deirdre Mulligan and James X Dempsey Applying Campaign Finance Law tothe Internet - Risks to Free Expression and Democratic Values CFPApril 2000
James X Dempsey Overview of Criminal Justice Information Systems CFPApril 2000
Communications Privacy In The Digital Age Revitalizing The Federal WiretapLaws To Enhance Privacy Albany Law Journal of Science ampTechnology 1997
Proprietary Data Hard to Protect in Government Bids (with James A Dobkin)Legal Times May 16 1983
Court Reexamines State Federal Utility Regulatory Role (with G PhilipNowak) Legal Times October 24 1983
FERC Limits PURPA Electric Transmission Authority (with G Philip Nowak)Legal Times January 30 1984
Protection of Corporate Secrets in Government Contract Proposals and Bids(with James A Dobkin) 15 Pub Con LJ 46 (1984)
Data privacy ~ Law enforcements access to your information in National
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Conference on Privacy Technology and Criminal Justice Informationproceedings ofa Bureau of Justice StatisticsSEARCH conference (2001)
Control y Supervision Legislativa del FBI en Estados Unidos in ControlDemocratico en el Mantenimiento de la Seguridad Interior 1998(hardcopy attached)
Control y supervision legislative del FBI en Estados Unidos in Policia ysociedad democratic a 1998 (hardcopy attached)
The Terrors of Counterterrorism The Recorder May 11 1995 (hardcopyattached)
CDr blog entriesA Good Start for the 110th
CDT Blog Jan 102007
A Global Forum on National Issues CDT BIog Nov 62006
A Wake-Up Call for Reform CDT Blog Mar 142007
Admin Cyber-Security Plan Raises Concerns over NSAs Role CDT BIogNov 82007
CTO Aneesh Chopra - A Breath of Fresh Air CDT Blog Aug 6 2009
Congressional Oversight on Privacy and National Security CDT BIogNov 10 2006
Does Targeting Authorize the Vacuum Cleaner CDT Blog June 252008
ICANN US Government Mfirm Private Sector Lead in Domain NameGovernance CDT Blog Sept 302009
Internet Governance The Contribution ofthe IGF CDT Blog July 152010
More Bad News CDT Blog June 9 2006
New Urban Myth The Internet ID Scare CDT BIog Jan 112011
Privacy in the Age of Big Data CDT BIog Aug 20 2009
Progressives Should Embrace Intent Behind Violent Radicalization Bill CDTBlog Dec 14 2007
Supreme Court Holds Stead on Workplace Privacy CDT Blog June 172010
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The Real Story on Warrantless Surveillance CDT Blog Aug 2 2007
Transparency Privacy and Financial Services Reform CDT Blog April262010
What Do the Twitter Subpoenas Mean CDT Blog Jan 122011
Why the NSA Should Not Lead Cybersecurity Government-Wide CDT BlogApril 21 2009
b Supply four (4) copies of any reports memoranda or policy statements youprepared or contributed in thepreparation of on behalf of any bar associationcommittee conference or organization of which you were or are a member Ifyou do not have a copy of a report memorandum or policy statement give thename and address of the organization that issued it the date of the document anda summary of its subject matter
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
Markle Foundation- Connecting for Health Initiative
Consumers as Network Participants Common Framework for NetworkedPersonal Health Information Connecting for Health Markle Foundation(June 2008)
Overview and Principles Common Framework for Networked Personal HealthInformation Connecting for Health Markle Foundation (June 2008)
Linking Health Care Information Proposed Methods for Improving Care andProtecting Privacy Connecting for Health Markle Foundation (February2005)
Achieving Electronic Connectivity in Healthcare A Roadmap from the NationsPublic and Private Sector Healthcare Leaders Connecting for HealthMarkle Foundation (Fall 2004)
Achieving Electronic Connectivity in Healthcare Summary ofRecommendations Connecting for Health Markle Foundation (July2004)
Achieving Electronic Connectivity in Healthcare A Preliminary Roadmap fromthe Nations Public and Private Sector Healthcare Leaders Connectingfor Health Markle Foundation (July 2004)
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Markle Foundation-Task Force on National Security in the Information Age
Creating a Trusted Network for Homeland Security Second Report of theMarkle Foundation Task Force Task Force on National Security MarkleFoundation (2003)
Protecting Americas Freedom in the Information Age A Report of the MarkleFoundation Task Force Task Force on National Security MarkleFoundation (October 2002)
CDT Reports-
Intermediary Liability Protecting Internet Platforms for Expression andInnovation Center for Democracy amp Technology (April 2010)
Patriot Act Sunsets Should Prompt Re-Consideration of Anti-Terror PowersAdjustments Needed To Protect Civil Liberties Center for Democracy ampTechnology website content (Sept 162009)
PASS ID Act Addresses Major Privacy Concerns in REAL ID Center forDemocracy amp Technology website content (June 152009)
White House Sets Framework for Cybersecurity Builds in Privacy Center forDetnocracy amp Technology website content (May 29 2009)
Cybersecurity Program Should Be More Transparent Protect Privacy Centerfor Democracy amp Technology website content (March 30 2009)
Domestic Intelligence System Grows without Controls Center for Democracyamp Technology website content (March 192009)
Show Us the Data Most Wanted Federal Documents Report by the Center forDemocracy amp Technology and OpenTheGoverntnentOrg (March 2009)
Investigative Guidelines Cement FBI Role As Domestic Intelligence AgencyRaising New Privacy Challenges Center for Democracy amp Technologywebsite content (October 29 2008)
Online Consumers at Risk and the Role of State Attorneys General Center forAmerican Progress and the Center for Democracy amp Technology (August2008)
Legislation Needed to Correct Widespread Errors in use of National SecurityLetters Center for Democracy amp Technology website content (May 142008)
Governance of Critical Internet Resources What Does Governance Mean
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What Are Critical Internet Resources Prepared by the Center forDemocracy amp Technology for the Second Internet Governance Forum inRio de Janeiro Brazil (Nov 142007)
Bills Would Strengthen Weaken Surveillance Standards Center for Democracyamp Technology website content (Oct 26 2007)
Federal Appeals Court Holds Email Content Is Constitutionally ProtectedCenter for Democracy amp Technology website content (July 25 2007)
IRS Proposal Could Impact Millions of Internet Users Center for Democracy ampTechnology website content (May 4 2007)
Bill Introduced to Reform FBI Data Demands Center for Democracy ampTechnology website content (March 292007)
The Internet in Transition 2009 and Beyond A Platform to Keep the InternetOpen Innovative and Free Center for Democracy amp Technologywebsite content (Nov 172006) available athttp oldcdtorgelection2008
ICANN Seeks Input on Improving Transparency and Accountability Center forDemocracy amp Technology website content (Nov 172006)
Congress Poised to Consider Dangerous NSA Bills Center for Democracy ampTechnology website content (Sept 25 2006)
FISA Modernization is Dangerous and Premature Center for Democracy ampTechnology website content (Aug 2 2006)
Internet Governance Debate Poses Unique Global Challenges Center forDemocracy amp Technology website content (July 192006)
Court Upholds Imposition of Technical Design Mandates on the InternetCenter for Democracy amp Technology website content (June 132006)
Illegal NSA Data Mining Highlights Need for Congressional Oversight Centerfor Democracy amp Technology website content (May 112006)
President Signs PATRIOT Act Reauthorization Bill Lacking Civil LibertiesProtections Center for Democracy amp Technology website content(March 172006)
Digital Technology Makes Surveillance Easier Requiring Stronger PrivacyLaws Center for Democracy amp Technology website content (Feb 222006)
Congress Begins Deeper Investigation ofNSAs Warrantless Wiretapping
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Program Center for Democracy amp Technology website content (Feb 142006)
Digital Search amp Seizure Updating Privacy Protections to Keep Pace withTechnology Center for Democracy amp Technology (February 2006)
Congress Needs to Hear About PATRIOT Renewal Center for Democracy ampTechnology website content (Jan 4 2006)
Civil Liberties Crisis Confronts Nation Center for Democracy amp Technologywebsite content (Dec 19 2005)
PATRIOT Act Deal Falls Short on Civil Liberties Checks and Balances Centerfor Democracy amp Technology website content (Dec 122005)
Congressional Revolt Over Civil Liberties PATRIOT Reform Hangs in theBalance Center for Democracy amp Technology website content (Nov 112005)
Federal Appeals Court Reaffirms E-Mail Privacy Protections Center forDemocracy amp Technology website content (Aug 182005)
Civil Liberties at Issue in PATRIOT Act Reauthorization Center forDemocracy amp Technology website content (June 2 2005)
SAFE Act Would Control PATRIOT Powers Center for Democracy ampTechnology website content (April 26 2005)
Federal ID Proposals for US Citizens and Others Grow in Number and ScopeCenter for Democracy amp Technology website content (Jan 182005)
Technologies That Can Protect Privacy as Information is Shared to CombatTerrorism Center for Democracy amp Technology (May 26 2004)
The Internet and Law Enforcement Surveillance Extension of CALEA to theInternet Would Be Unlawful Unnecessary and Unwise Center forDemocracy amp Technology (May 20 2004)
No Design Mandates for Internet CDT Tells FCC Center for Democracy ampTechnology website content (April 28 2004)
Googles GMail Highlights General Privacy Concerns Center for Democracy ampTechnology website content (April 12 2004)
The Internet and Law Enforcement Surveillance Law Enforcement ConcernsCan Be Addressed Without Regulation Which Would Stifle InnovationRaise Costs Risk Security Center for Democracy amp Technology (March192004)
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GAO Echoes CDT Criticisms of CAPPS II Coalition Calls for HearingsCenter for Democracy amp Technology website content (Feb 26 2004)
Security Holes at DMVs Feed ID Theft Offer Lessons for National ID CardDebate Center for Democracy amp Technology website content (Feb 32004)
Privacys Gap The Largely Non-Existent Legal Framework for GovernmentMining of Commercial Data Center for Democracy amp Technology(May 19 2003)
Part 4 Information Security and Government Policies in InformationTechnology Security Handbook (2003)
The E-Government Handbook for Developing Countries Project ofInfoDevand the Center for Democracy amp Technology (November 2002)
Appeals Court Rules on FCC CALEA Decision Center for Democracy ampTechnology website content (Aug 152000)
Bridging the Digital Divide Internet Access in Central and Eastern EuropeCenter for Democracy amp Technology (2000)
Square Pegs amp Round Holes Applying Campaign Finance Law to the Internet -Risks to Free Expression amp Democratic Values Center for Democracy ampTechnology (October 1999)
Regardless of Frontiers Protecting The Human Right to Freedom ofExpression on the Global Internet Global Internet Liberty Campaign(1998)
GIPI Reports
A Process for Developing Internet Policy The Model of the NationalICTInternet Summit - The Case Study of the Kyrgyz Republic GlobalInternet Policy Initiative (April 2001)
Licensing Options for Internet Service Providers Global Internet PolicyInitiative (June 23 2001 updated Sept 25 2002)
Application of Defamation Laws to the Internet Global Internet PolicyInitiative (October 2001)
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Flat Rate versus Per Minute Charges for Telephone Service The Relationshipbetween Internet Access and Telephone Tariffs Global Internet PolicyInitiative (Dec 4 2001)
Taxation ofE-Commerce Global Internet Policy Initiative (December 2001)
Voice-over-IP The Future of Communications Global Internet Policy Initiative(April 29 2002)
Best Practices for Telecommunications Reform Global Internet PolicyInitiative (May 2002)
The Keys to the Back Office Building a Legal and Policy Framework to AttractIT-Enabled Outsourcing Global Internet Policy Initiative (May 2002)
Redelegation of Country Code Top Level Domains Global Internet PolicyInitiative (February 2003)
Trust And Security In Cyberspace The Legal And Policy Framework forAddressing Cybercrime Global Internet Policy Initiative (September2005)
Privacy and E-Government Privacy Impact Assessments and PrivacyCommissioners -Two Mechanisms for Protecting Privacy to PromoteCitizen Trust Online Global Internet Policy Initiative (May 12003)
Copyright and the Internet Building National Legislative Frameworks Based onInternational Copyright Law Olena Dmytrenko and James X DempseyGlobal Internet Policy Initiative (December 2004)
The Regulatory Framework for E-Commerce -International LegislativePractice Global Internet Policy Initiative (May 21 2002)
Creating the Legal Framework for ICT Development The Example ofE-Signature Legislation in Emerging Market Economies James XDempsey Global Internet Policy Initiative (2003)
The International Legal Framework for Data Protection and Its Transposition toDeveloping and Transitional Countries Global Internet Policy Initiative(Dec 28 2004)
Management of ccTLDs by Member States ofthe European Union GlobalInternet Policy Initiative (Oct 26 2002)
Building Local E-Government through Public-Private Partnerships ConferenceConclusions Conference on E-Government in Romania Global InternetPolicy Initiative (2005)
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Additionally I managed all web content for the Global Internet Policy Initiativeavailable at httpwwwinternetpolicynet
c Supply four (4) copies of any testimony official statements or othercommunications relating in whole or in part to matters of public policy or legalinterpretation that you have issued or provided or that others presented on yourbehalf to public bodies or public officials
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
TestimonyTestimony before the Senate Judiciary Committee on The Electronic
Communications Privacy Act Promoting Security and Protecting Privacyin the Digital Age Sept 22 2010
Testimony before the House Judiciary Committee Subcommittee on theConstitution Civil Rights and Civil Liberties on ElectronicCommunications Privacy Act Reform May 52010
Testimony before the House Intelligence Committee on FISA and the ProtectAmerica Act Sept 182007
Testimony before the Senate Judiciary Committee on FISA and the ProtectAmerica Act Sept 25 2007
Testimony before the House Intelligence Committee on National Security LettersMar 28 2007
Testimony before the Presidents Privacy and Civil Liberties Oversight Board onPrivacy and Information Sharing for Counterterrorism Dec 52006
Testimony before the House Committee on the Judiciary Subcommittee onCrime Terrorism and Homeland Security on Updating FISA Sept 62006
Testimony before the Senate Judiciary Committee on Modernization of theForeign Intelligence Surveillance Act July 26 2006
Testimony before the House Intelligence Committee on Modernization of theForeign Intelligence Surveillance Act (FISA) July 192006
Testimony before the House Committee on Homeland Security Subcommittee on
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Economic Security Infrastructure Protection and Cybersecurity onImproving Pre-Screening of Aviation Passengers against Terrorist andOther Watch Lists June 29 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act May 24 2005
Testimony before the House Permanent Select Committee on Intelligence on thePATRIOT Act May 112005
Testimony before the Senate Committee on the Judiciary on the PATRIOT ActMay 102005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Oversight Hearing on Implementation of the USAPATRIOT Act Section 212 May 5 2005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Implementation of the USA PATRIOT ActSections of the Act that Address Crime Terrorism and the Age ofTechnology April 21 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act April 19 2005
Testimony before the Senate Committee on the Judiciary on Securing ElectronicPersonal Data Striking a Balance Between Privacy and Commercial andGovernmental Use April 13 2005
Testimony before the Subcommittee on Telecommunications and the InternetHouse Committee on Energy and Commerce on Law Enforcement Accessto Communications Systems in a Digital Age Sept 8 2004
Testimony before the House Committee on Government Reform on Moving fromNeed to Know to Need to Share A Review ofthe 9-11 CommissionsRecommendations Aug 32004
Testimony before the Senate Committee on Commerce Science andTransportation on S 2281 The VOIP Regulatory Freedom Act of 2004June 16 2004
Testimony before the House Committee on the Judiciary Subcommittee onCommercial and Administrative Law on Privacy in the Hands of theGovernment The Privacy Officer for the Department of HomelandSecurity Feb 102004
Testimony before the Senate Committee on the Judiciary on America after 911Freedom Preserved or Freedom Lost Nov 182003
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Testimony before the Subcommittee on Commercial and Administrative Law andthe Subcommittee on the Constitution of the House Judiciary Committeeon The Defense of Privacy Act and Privacy in the Hands of theGovernment July 22 2003
Testimony before the House Committee on the Judiciary Subcommittee on theConstitution on Anti-Terrorism Investigations and the Fourth AmendmentAfter September 11 Where and When Can the Government Go to PreventTerrorist Attacks May 202003
Testimony before the Subcommittee on Government Efficiency FinancialManagement and Intergovernmental Relations and the Subcommittee forTechnology and Procurement Policy of the House Committee onGovernment Reform on HR 3844 the Federal Information SecurityReform Act of 2002 May 2 2002
Testimony before the House Committee on the Judiciary Forum on NationalSecurity and the Constitution on the Nations Counter-Terrorism Programsand their Implications for Civil Liberties Jan 24 2002
Testimony before the House Committee on the Judiciary on Legislative Measuresto Improve Americas Counter-Terrorism Programs Sept 24 2001
Testimony before the House Subcommittee on the Constitution on privacylegislation Sept 6 2000
Testimony before the Senate Judiciary Committee on Carnivore Sept 62000
Testimony before the Senate Judiciary Committee on Internet Security andPrivacy May 25 2000
Testimony before the House Judiciary Subcommittee on the Constitution on TheFourth Amendment and the Internet April 6 2000
Testimony before the Subcommittee on Crime of the House Judiciary Committeeand the Subcommittee on Criminal Justice Oversight of the SenateJudiciary Committee on Internet Denial of Service Attacks and the FederalResponse Feb 29 2000
Testimony before the Commerce Committee on the Wireless PrivacyEnhancement Act of 1999 and the Wireless Communications and PublicSafety Enhancement Act of 1999 Feb 3 1999
Testimony before the House Committee on the Judiciary Subcommittee on Crimeon CALEA Implementation Oct 23 1997
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Other CommunicationsComments of the Center for Democracy amp Technology regarding Cybersecurity
Innovation and the Internet Economy Docket No 100721305-0305-01before the US Department of Commerce September 202010
Comments of the Center for Democracy amp Technology regarding the Frameworkfor Broadband Internet Service GN Docket No 10-127 before theFederal Communications Commission July 152010
Comments of the Center for Democracy amp Technology regarding the Notice ofInquiry regarding the Assessment of the Transition of the TechnicalCoordination and Management of the Internets Domain Name andAddressing System before The National Telecommunications andInformation Administration within the US Department of CommerceJune 82009
Comments of the Center for Democracy amp Technology regarding TheContinued Transition of the Technical Coordination and Management ofthe Internets Domain Name and Addressing System Midterm Review ofthe Joint Project Agreement before The National Telecommunicationsand Information Administration within the US Department ofCommerce January 25 2008
Joint comments on the Petition for Expedited Rulemaking to Establish TechnicalRequirements and Standards Pursuant to Section 107 (b) of theCommunications Assistance for Law Enforcement Act before theFederal Communications Commission July 25 2007
Reply Comments by Industry and Public Interest Commenters in support of thePetition for Reconsideration and Clarification of the CALEAApplicability Order filed by the United States Telecom Association ETDocket No 04-295 before the Federal Communications CommissionJanuary 30 2006
Comments in support of the Petition for Reconsideration and Clarification of theCALEA Applicability Order ET Docket No 04-295 before the FederalCommunications Commission December 302005
Request for stay pending issuance of subsequent orders and for stay pendingjudicial review regarding the Communications Assistance for LawEnforcement Act and Broadband Access and Services ET Docket No 04-295 before the Federal Communications Commission November 232005
Joint Comments to the further notice of proposed rulemaking regarding the
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Communications Assistance for Law Enforcement Act and BroadbandAccess and Services ET Docket No 04-295 before the FederalCommunications Commission November 142005
Bipartisan Working Group of Former Government Officials RecommendationsRegarding the Expiring Provisions ofthe Patriot Act July 172005
Letter to the Honorable John Sununu regarding Voice over Internet Protocol(VOIP) serves June 21 2004
Letter to Senator Akaka from the Center for Democracy amp Technology ACLUand the Electronic Privacy Information Center (EPIC) regarding datamining May 26 2004
Reply Comments of the Center for Democracy amp Technology regarding the JointPetition for Rulemaking to Resolve Various Outstanding IssuesConcerning the Implementation of the Communications Assistance forLaw Enforcement Act before the Federal Communications CommissionApril 27 2004
Letter to the Honorable Don Young and the Honorable James Oberstar regardingthe Transportation Security Administrations Computer AssistedPassenger Pre screening System (CAPPS II) February 172004
Comments ofthe Center for Democracy amp Technology on the Notice of Status ofSystem Records Interim Final Notice 68 Fed Reg 45265-01 (Aug 12003) Docket No DHSTSA-2003-01 September 302003
Comments on TSA s proposed Aviation Security Screening Records System 68Fed Reg 2101 (Jan 152003) Feb 242003
Comments on the Petition of the Cellular Telecommunications IndustryAssociation for a Rulemaking to Establish Fair Location InformationPractices before the Federal Communications Commission April 62001
Comments of the Center for Democracy amp Technology on the Council of EuropeDraft Convention on Cyber-crime Draft No 25 before the Council ofEurope and the US Department of Justice February 6 2001
Reply Comments of the Center for Democracy amp Technology regarding theCommunications Assistance for Law Enforcement Act CC Docket No97-213 before the Federal Communications Commission January 271999
Comments of the Center for Democracy and Technology on the CommunicationsAssistance for Law Enforcement Act CC Docket No 97-213 before theFederal Communications Commission May 20 1998
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Comments ofthe Center for Democracy and Technology regarding theCommunications Assistance for Law Enforcement Act Extension ofOctober 1998 Compliance Date CC Docket No 97-213 before theFederal Communications Commission April 2 1998
d Supply four (4) copies transcripts or recordings of all speeches or talks deliveredby you including commencement speeches remarks lectures panel discussionsconferences political speeches and question-and-answer sessions Include thedate and place where they were delivered and readily available press reportsabout the speech or talk If you do not have a copy of the speech or a transcript orrecording of your remarks give the name and address of the group before whomthe speech was given the date of the speech and a summary of its subject matterIf you did not speak from a prepared text furnish a copy of any outline or notesfrom which you spoke
The list below consists of speeches or talks identified from my recollection frommy files and from search ofInternet databases Despite my searches there maybe other speeches or talks I have been unable to identifY find or remember
February 8 or 9 1994 - spoke on a panel about criminal history records at theNational Conference on Criminal History Records Brady and Beyondorganized by the Bureau of Justice Statistics US Department of JusticeConstitution Ave NW Washington DC and SEARCH 7311 Greenhaven DriveSuite 145 Sacramento California 95831
August 3 1994 - spoke on a panel about gang databases at the InternationalSymposium Criminal Justice Information Systems and Technology Buildingthe Infrastructure organized by SEARCH 7311 Greenhaven Drive Suite 145Sacramento California 95831
October 7 1998 - Presentation on Protecting the Human Right to Freedom ofExpression on the Global Internet made at the conference on the Public Voice inthe Development of Internet Policy Ottawa Canada organized by the ElectronicPrivacy Information Center 1718 Connecticut Ave NW Suite 200 WashingtonDC 20009 httpthepublicvoiceorgeventsottawa98defaulthtml (PowerPointattached - hardcopy)
April 2001 - Global Internet Policy initiative Promoting the Development of theInternet through Legal and Policy Reform Almaty Kazakhstan sponsored by theOpen Society Institute IlIA Zhe1toksan St Office 9 Almaty 050000 Kazakhstan(PowerPoint attached - hardcopy)
June 2001 - presented on Content Controls Freedom of Expression and ISPLiability on the Internet and Internet Policy Overview The legal and
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Regulatory Framework Enabling Development of the Internet at the AdvancedNetwork Workshop Stockholm Sweden sponsored by the Internet Society 1775Wiehle Avenue Suite 201 Reston VA (PowerPoints (2) submittedelectronically)
July 2001 - Internet and Democracy The Legal and Regulatory Frameworkpresentation at the National Foreign Affairs Training Center US Department ofState 2201 CSt NW Washington DC (PowerPoint submitted electronically)
July 2001 - spoke about Internet Policy Overview The Legal and RegulatoryFramework Enabling Development of the Internet as an Engine of EconomicGrowth at a telecommunications regulatory study tour training sessionsponsored by the US Telecommunications Training Institute 1150 ConnecticutAve NW Washington DC (PowerPoint submitted electronically)
April 2002 - spoke about Overview of Internet legislation The Legal andRegulatory Framework for Development of the Internet - Global Perspective inTashkent Uzbekistan organized by the Global Internet Policy Initiative-UZ 31Kamo1 Jalilov Street Tashkent and the United national Development ProgrammeOne United Nations Plaza New York NY 10017 (PowerPoint submittedelectronically)
June 18 2002 - Tutorial Legal and Regulatory Issues A Primer - ConsumerPrivacy Overview and Government Surveillance INET 02 sponsored by theInternet Society 1775 Wiehle Avenue Suite 201 Reston VA20190-5108 USA (PowerPoints (3) submitted electronically)
October 2002 - I am submitting electronically a PowerPoint dated October 2002on the subject Internet Policy Overview The Legal and Regulatory FrameworkEnabling Development ofthe Internet as an Engine of Economic Growth - basedon a review of my records I cannot determine whether I actually gave such apresentation in October 2002 let alone where
April 21 2003 - I am submitting electronically a PowerPoint dated April 212003 on the subject Privacy Overview - based on a review of my records Icannot determine whether I actually gave such a presentation in April 2003 letalone where
June 27 2003 - The Legal and Regulatory Framework Enabling Development ofthe Internet as an Engine of Economic Growth and DemocratizationUNITARIINTEL Seminar 2 United Nations Plaza New York City (PowerPointsubmitted electronically)
September 8 2003 - Protecting Privacy and Freedom of Communication in theFight against Cybercrime Southeast Europe Cybersecurity Conference in SofiaBulgaria sponsored by the United States Government Department of State 2201C Street NW Washington DC and the Government of Bulgariahttpwwwcybersecuritycooperationorg (PowerPoint submitted electronically)
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March 72004 - spoke at a workshop in Washington DC entitled CivilLiberties The Patriot Act The Toll on Our Rights convened by the NationalCouncil of Jewish Womens Washington Institute in Washington DC 1707 LStreet NW Suite 950 Washington DC 20036-4206
March 10 2004 - spoke on CALEA and VoIP at a brown bag lunch meeting ofthe DC Bars Computer and Telecommunications Law Section 1101 K StreetNW Suite 200 Washington DC
May 11 2004 - spoke about CALEA at a VoIP conference in Reston VAorganized by Law Seminars International 800 Fifth Avenue Suite 101 SeattleWA 98104
May 18 2004 - participated in a panel discussion on Internet governance at theMicrosoft Government Leaders Forum One Microsoft Way Redmond WA inSeattle Washington
June 4 2004 - spoke about Human Rights and the War on Terrorism at the USForeign Policy Colloquium sponsored by the National Committee on UnitedStates- China Relations 71 West 23rd Street Suite 1901 New York NY 10010-4102 (PowerPoint attached - hardcopy)
June 18 2004 - spoke on a panel on Government Surveillance Civil Libertiesand the War on Terror at the National Convention of the American ConstitutionSociety 1333 H Street NW 11th Floor Washington DC
July 2004 - Internet and Democracy The Legal and Regulatory FrameworkEnabling Development of the Internet as an Engine of Economic Growth andDemocratization presentation at National Foreign Affairs Training Center USDepartment of State 2201 C 81 NW Washington DC (PowerPoints (2)submitted electronically)
September 16 2004 - spoke on cybersecurity issues at the Academy forEducational Development 1825 Connecticut Ave NW Washington DC 20009-5721 as part of the DOT-COMInterAction Speaker Series Cyber-SecurityIssues in International Development Environments (PowerPoint submittedelectronically and handwritten notes attached in hardcopy
September 30 2004 - moderated a panel on Government Industry and Securityat the Privacy and National Security Forum in Washington DC sponsored by theInternational Association of Privacy Professionals 75 Rochester Ave Suite 4Portsmouth NH 03801 USA
October 62004 - presentation on The Patriot Act Civil Liberties and the War onTerrorism at LocationOne 26 Greene Street New York New York 10013
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October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
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May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
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May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
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May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
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June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
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March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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Previous positions Policy Director (2005-2007) Executive Director (2003 - 2005)Deputy Director (2001-2002) Senior Staff Counsel (1997-2000)
Center for National Security Studies (1995 - 1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 - 1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 20515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NWWashington DC 20004
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
Palmer amp Dodge (Summer 1978)Summer law clerkBoston MA
Weil Gotshal amp Manges (Summer 1977)Summer law clerkNew York NY
Civil Liberties Union of Massachusetts (1977-1979)Research AssistantBoston MA
VISTA (Volunteers in Service to America) (1975-1976)VISTA volunteer Midlands Community Action Agency Columbia SC and GeorgiaDepartment of Corrections Atlanta Georgia
3
7 Militarv Service and Draft Status Identify any service in the US Military includingdates of service branch of service rank or rate serial number (if different from socialsecurity number) and type of discharge received and whether you have registered forselective service
None
8 Honors and Awards List any scholarships fellowships honorary degrees academic orprofessional honors honorary society memberships military awards and any otherspecial recognition for outstanding service or achievement
Phi Beta Kappa
9 Bar Associations List all bar associations or legal or judicial-related committeesselection panels or conferences of which you are or have been a member and give thetitles and dates of any offices which you have held in such groups
American Bar Association -Member Approx 1980 to 1984 or 1985
10 Bar and Court Admission
a List the date(s) you were admitted to the bar of any state and any lapses inmembership Please explain the reason for any lapse in membership
District of Columbia bar - admitted March 10 1980
b List all courts in which you have been admitted to practice including dates ofadmission and any lapses in membership Please explain the reason for any lapsein membership Give the same information for administrative bodies that requirespecial admission to practice
US District Court for the District of Columbia - October 6 1980US Court of Appeals for the District of Columbia Circuit - June 5 1981Supreme Court of the United States - March 28 1983U S Court of Appeals for the Ninth Circuit - December 27 1983US Court of Appeals for the Fourth Circuit - July 25 1984U S Claims Court - August 16 1984
11 Memberships
a List all professional business fraternal scholarly civic charitable or otherorganizations other than those listed in response to Questions 9 or 10 to whichyou belong or to which you have belonged since graduation from law schoolProvide dates of membership or participation and indicate any office you held
4
Include clubs working groups advisory or editorial boards panels committeesconferences or publications
Defending Dissent Foundation (2007 - present)Vice President and Member Board of Directors (unpaid)
First Amendment Foundation (2002 - 2007)Vice President and Member Board of Directors (unpaid)(The First Amendment Foundation merged in 2007 with another organization tobecome the Defending Dissent Foundation)
The Oversight Project (1997 - 2007)President and Member Board of Directors (unpaid)(The Oversight Project never conducted major activities it was ended in 2007)
Digital Policy Institute (2003-2007)President and Member Board of Directors (unpaid) (The Digital Policy Instituteceased operation in 2007)
The Center for Democracy and Technology (CDT) sponsors the Digital Privacyand Security Working Group (DPSWG) a policy forum for computer andcommunications companies trade associations and public interest organizationsI have participated in DPSWG since I joined CDT in 1997 I coordinated itsmeetings and mailing list until 2010 Since 2010 I have coordinated Digital DueProcess a coalition recommending updates to the Electronic CommunicationsPrivacy Act
The Global Internet Policy Initiative was an unincorporated project of CDT andInternews from 2001 to around 2006 I was Policy Director for the project Theproject is no longer active
Bill of Rights Defense Committee Advisory Board (2002 - present)
National Strategic Policy Council on Cyber and Electronic Crime of the NationalGovernors Association Center for Best Practices (2006-2007)
Steering Committee of the ANSI-BBB Identity Theft Prevention and IdentityManagement Standards Panel (2006-2008)
Markle Foundation Task Force on National Security in the Information Age-member (2004 - present) member of steering committee (2006 - present)
Markle Foundation Connecting for Health initiative - participant and member ofsteering committee (2007- 2008)
5
Industry Advisory Board for the National Counter-Terrorism Center (2005 -2006)
Transportation Security Administration Secure Flight Working Group (2005)
Conference on Computers Freedom and Privacy sponsored by AOL theAssociation for Computing Machinery and other for profit and non-profitorganizations Program Committee (2007)
California Identity Theft Summit sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation Advisory Committee (2007)
California e-Prescribing Task Force sponsored by the California HealthCareFoundation (2008 - 2009)
State of California Terrorism Threat Assessment Advisory Group CaliforniaOffice of Homeland Security (2008 - present)
DARPA Privacy Panel (2010 - present)
Janney School Washington DC PTA Vice President (1997- 1999)
Maret School Washington DC Auction committee (2003-2005)
Urban School San Francisco CA Auction committee (2008)
From around 1989 to 2005 I attended and made contributions to S1ColumbasChurch in Washington DC From late 2005 or early 2006 to 2009 I attended andmade contributions to St Aidans Church in San Francisco where I served on thestewardship committee for about a year and a half between 2007 and 2009 Ihave more recently attended and made contributions to Trinity Church in SanFrancisco
I have made fmancial contributions to charitable organizations over the years Ihave not included in the list above any organizations to which I gave funds anddid not otherwise participate in programmatic activities although the organizationmay label me a member
b Indicate whether any of these organizations listed in response to lla abovecurrently discriminate or formerly discriminated on the basis of race sex religionor national origin either through formal membership requirements or the practicalimplementation of membership policies If so describe any action you have takento change these policies and practices
6
None of the organizations I listed in response to 1la above to my knowledgecurrently discriminate or formerly discriminated on the basis of race sex orreligion either through formal membership requirements or the practicalimplementation of membership policies
12 Published Writings and Public Statements
a List the titles publishers and dates of books articles reports letters to the editoreditorial pieces or other published material you have written or edited includingmaterial published only on the Internet Supply four (4) copies of all publishedmaterial to the Committee
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
PublicationslBooksDeirdre K Mulligan and Jim Dempsey Internet Can Be a Big Benefit for
Democracy San Francisco Chronicle (op-ed) July 4 2010
Deven McGraw James X Dempsey Leslie Harris and Janlori Goldman PrivacyAs An Enabler Not An Impediment Building Trust Into HealthInformation Exchange Health Affairs Vol 28 no 2 (2009)
Digital Search amp Seizure Updating Privacy Protections To Keep Pace WithTechnology article reprinted in course handbook for the Privacy andSecurity Law Institute 2008 (PLI June 2008 and June 2009)
Federal Computer Security Initiative Welcome but Too Secretive Forbesonline May 13 2008
The Internet at Risk The Need for Higher Education Advocacy EDUCAUSEReview Vol 42 No6 NovemberlDecember 2007
James X Dempsey and Ira Rubinstein Lawyers and Technologists Joined at theHip Guest Editors Introduction to IEEE Security and PrivacyMagazine Vol 4 Issue 3 (MayJune 2006)
James X Dempsey and Lara M Flint Commercial Data and National SecurityThe George Washington Law Review Vol 72 Number 6 (August 2004)
What E-Government Means for Those of Us Who Cannot Type LocalGovernment Brief Winter 2003 p 22
Civil Liberties in a Time of Crisis Journal of the National Council of JewishWomen Winter 20012002 (typescript submitted in hardcopy)
7
James X Dempsey and David Cole Terrorism and the Constitution (New Press3rd ed 2006)
Essays on PATRIOT Act provisions in Patriot Debates Experts Debate theUSA PATRIOT Act Stewart A Baker and John Kavanagh editors(published by the American Bar Association Standing Committee on Lawand National Security June 2005)
James X Dempsey Civil Liberties in a Time of Crisis Human Rights Winter2002
James X Dempsey Freedom of Expression in the IT Era User Empowermentedited transcript of a speech to the IPI World Congress and 50th GeneralAssembly (January 2001)
James X Dempsey and Martin L Stem Disconnect the FBI Wiretap PlanLegal Times June 15 1998
Michael J ONeil and James X Dempsey 2000 DePaul Business Law JournalCritical Infrastructure Protection Threats To Privacy And Other CivilLiberties And Concerns With Government Mandates On Industry
Deirdre Mulligan and James X Dempsey Applying Campaign Finance Law tothe Internet - Risks to Free Expression and Democratic Values CFPApril 2000
James X Dempsey Overview of Criminal Justice Information Systems CFPApril 2000
Communications Privacy In The Digital Age Revitalizing The Federal WiretapLaws To Enhance Privacy Albany Law Journal of Science ampTechnology 1997
Proprietary Data Hard to Protect in Government Bids (with James A Dobkin)Legal Times May 16 1983
Court Reexamines State Federal Utility Regulatory Role (with G PhilipNowak) Legal Times October 24 1983
FERC Limits PURPA Electric Transmission Authority (with G Philip Nowak)Legal Times January 30 1984
Protection of Corporate Secrets in Government Contract Proposals and Bids(with James A Dobkin) 15 Pub Con LJ 46 (1984)
Data privacy ~ Law enforcements access to your information in National
8
Conference on Privacy Technology and Criminal Justice Informationproceedings ofa Bureau of Justice StatisticsSEARCH conference (2001)
Control y Supervision Legislativa del FBI en Estados Unidos in ControlDemocratico en el Mantenimiento de la Seguridad Interior 1998(hardcopy attached)
Control y supervision legislative del FBI en Estados Unidos in Policia ysociedad democratic a 1998 (hardcopy attached)
The Terrors of Counterterrorism The Recorder May 11 1995 (hardcopyattached)
CDr blog entriesA Good Start for the 110th
CDT Blog Jan 102007
A Global Forum on National Issues CDT BIog Nov 62006
A Wake-Up Call for Reform CDT Blog Mar 142007
Admin Cyber-Security Plan Raises Concerns over NSAs Role CDT BIogNov 82007
CTO Aneesh Chopra - A Breath of Fresh Air CDT Blog Aug 6 2009
Congressional Oversight on Privacy and National Security CDT BIogNov 10 2006
Does Targeting Authorize the Vacuum Cleaner CDT Blog June 252008
ICANN US Government Mfirm Private Sector Lead in Domain NameGovernance CDT Blog Sept 302009
Internet Governance The Contribution ofthe IGF CDT Blog July 152010
More Bad News CDT Blog June 9 2006
New Urban Myth The Internet ID Scare CDT BIog Jan 112011
Privacy in the Age of Big Data CDT BIog Aug 20 2009
Progressives Should Embrace Intent Behind Violent Radicalization Bill CDTBlog Dec 14 2007
Supreme Court Holds Stead on Workplace Privacy CDT Blog June 172010
9
The Real Story on Warrantless Surveillance CDT Blog Aug 2 2007
Transparency Privacy and Financial Services Reform CDT Blog April262010
What Do the Twitter Subpoenas Mean CDT Blog Jan 122011
Why the NSA Should Not Lead Cybersecurity Government-Wide CDT BlogApril 21 2009
b Supply four (4) copies of any reports memoranda or policy statements youprepared or contributed in thepreparation of on behalf of any bar associationcommittee conference or organization of which you were or are a member Ifyou do not have a copy of a report memorandum or policy statement give thename and address of the organization that issued it the date of the document anda summary of its subject matter
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
Markle Foundation- Connecting for Health Initiative
Consumers as Network Participants Common Framework for NetworkedPersonal Health Information Connecting for Health Markle Foundation(June 2008)
Overview and Principles Common Framework for Networked Personal HealthInformation Connecting for Health Markle Foundation (June 2008)
Linking Health Care Information Proposed Methods for Improving Care andProtecting Privacy Connecting for Health Markle Foundation (February2005)
Achieving Electronic Connectivity in Healthcare A Roadmap from the NationsPublic and Private Sector Healthcare Leaders Connecting for HealthMarkle Foundation (Fall 2004)
Achieving Electronic Connectivity in Healthcare Summary ofRecommendations Connecting for Health Markle Foundation (July2004)
Achieving Electronic Connectivity in Healthcare A Preliminary Roadmap fromthe Nations Public and Private Sector Healthcare Leaders Connectingfor Health Markle Foundation (July 2004)
10
Markle Foundation-Task Force on National Security in the Information Age
Creating a Trusted Network for Homeland Security Second Report of theMarkle Foundation Task Force Task Force on National Security MarkleFoundation (2003)
Protecting Americas Freedom in the Information Age A Report of the MarkleFoundation Task Force Task Force on National Security MarkleFoundation (October 2002)
CDT Reports-
Intermediary Liability Protecting Internet Platforms for Expression andInnovation Center for Democracy amp Technology (April 2010)
Patriot Act Sunsets Should Prompt Re-Consideration of Anti-Terror PowersAdjustments Needed To Protect Civil Liberties Center for Democracy ampTechnology website content (Sept 162009)
PASS ID Act Addresses Major Privacy Concerns in REAL ID Center forDemocracy amp Technology website content (June 152009)
White House Sets Framework for Cybersecurity Builds in Privacy Center forDetnocracy amp Technology website content (May 29 2009)
Cybersecurity Program Should Be More Transparent Protect Privacy Centerfor Democracy amp Technology website content (March 30 2009)
Domestic Intelligence System Grows without Controls Center for Democracyamp Technology website content (March 192009)
Show Us the Data Most Wanted Federal Documents Report by the Center forDemocracy amp Technology and OpenTheGoverntnentOrg (March 2009)
Investigative Guidelines Cement FBI Role As Domestic Intelligence AgencyRaising New Privacy Challenges Center for Democracy amp Technologywebsite content (October 29 2008)
Online Consumers at Risk and the Role of State Attorneys General Center forAmerican Progress and the Center for Democracy amp Technology (August2008)
Legislation Needed to Correct Widespread Errors in use of National SecurityLetters Center for Democracy amp Technology website content (May 142008)
Governance of Critical Internet Resources What Does Governance Mean
11
What Are Critical Internet Resources Prepared by the Center forDemocracy amp Technology for the Second Internet Governance Forum inRio de Janeiro Brazil (Nov 142007)
Bills Would Strengthen Weaken Surveillance Standards Center for Democracyamp Technology website content (Oct 26 2007)
Federal Appeals Court Holds Email Content Is Constitutionally ProtectedCenter for Democracy amp Technology website content (July 25 2007)
IRS Proposal Could Impact Millions of Internet Users Center for Democracy ampTechnology website content (May 4 2007)
Bill Introduced to Reform FBI Data Demands Center for Democracy ampTechnology website content (March 292007)
The Internet in Transition 2009 and Beyond A Platform to Keep the InternetOpen Innovative and Free Center for Democracy amp Technologywebsite content (Nov 172006) available athttp oldcdtorgelection2008
ICANN Seeks Input on Improving Transparency and Accountability Center forDemocracy amp Technology website content (Nov 172006)
Congress Poised to Consider Dangerous NSA Bills Center for Democracy ampTechnology website content (Sept 25 2006)
FISA Modernization is Dangerous and Premature Center for Democracy ampTechnology website content (Aug 2 2006)
Internet Governance Debate Poses Unique Global Challenges Center forDemocracy amp Technology website content (July 192006)
Court Upholds Imposition of Technical Design Mandates on the InternetCenter for Democracy amp Technology website content (June 132006)
Illegal NSA Data Mining Highlights Need for Congressional Oversight Centerfor Democracy amp Technology website content (May 112006)
President Signs PATRIOT Act Reauthorization Bill Lacking Civil LibertiesProtections Center for Democracy amp Technology website content(March 172006)
Digital Technology Makes Surveillance Easier Requiring Stronger PrivacyLaws Center for Democracy amp Technology website content (Feb 222006)
Congress Begins Deeper Investigation ofNSAs Warrantless Wiretapping
12
Program Center for Democracy amp Technology website content (Feb 142006)
Digital Search amp Seizure Updating Privacy Protections to Keep Pace withTechnology Center for Democracy amp Technology (February 2006)
Congress Needs to Hear About PATRIOT Renewal Center for Democracy ampTechnology website content (Jan 4 2006)
Civil Liberties Crisis Confronts Nation Center for Democracy amp Technologywebsite content (Dec 19 2005)
PATRIOT Act Deal Falls Short on Civil Liberties Checks and Balances Centerfor Democracy amp Technology website content (Dec 122005)
Congressional Revolt Over Civil Liberties PATRIOT Reform Hangs in theBalance Center for Democracy amp Technology website content (Nov 112005)
Federal Appeals Court Reaffirms E-Mail Privacy Protections Center forDemocracy amp Technology website content (Aug 182005)
Civil Liberties at Issue in PATRIOT Act Reauthorization Center forDemocracy amp Technology website content (June 2 2005)
SAFE Act Would Control PATRIOT Powers Center for Democracy ampTechnology website content (April 26 2005)
Federal ID Proposals for US Citizens and Others Grow in Number and ScopeCenter for Democracy amp Technology website content (Jan 182005)
Technologies That Can Protect Privacy as Information is Shared to CombatTerrorism Center for Democracy amp Technology (May 26 2004)
The Internet and Law Enforcement Surveillance Extension of CALEA to theInternet Would Be Unlawful Unnecessary and Unwise Center forDemocracy amp Technology (May 20 2004)
No Design Mandates for Internet CDT Tells FCC Center for Democracy ampTechnology website content (April 28 2004)
Googles GMail Highlights General Privacy Concerns Center for Democracy ampTechnology website content (April 12 2004)
The Internet and Law Enforcement Surveillance Law Enforcement ConcernsCan Be Addressed Without Regulation Which Would Stifle InnovationRaise Costs Risk Security Center for Democracy amp Technology (March192004)
13
GAO Echoes CDT Criticisms of CAPPS II Coalition Calls for HearingsCenter for Democracy amp Technology website content (Feb 26 2004)
Security Holes at DMVs Feed ID Theft Offer Lessons for National ID CardDebate Center for Democracy amp Technology website content (Feb 32004)
Privacys Gap The Largely Non-Existent Legal Framework for GovernmentMining of Commercial Data Center for Democracy amp Technology(May 19 2003)
Part 4 Information Security and Government Policies in InformationTechnology Security Handbook (2003)
The E-Government Handbook for Developing Countries Project ofInfoDevand the Center for Democracy amp Technology (November 2002)
Appeals Court Rules on FCC CALEA Decision Center for Democracy ampTechnology website content (Aug 152000)
Bridging the Digital Divide Internet Access in Central and Eastern EuropeCenter for Democracy amp Technology (2000)
Square Pegs amp Round Holes Applying Campaign Finance Law to the Internet -Risks to Free Expression amp Democratic Values Center for Democracy ampTechnology (October 1999)
Regardless of Frontiers Protecting The Human Right to Freedom ofExpression on the Global Internet Global Internet Liberty Campaign(1998)
GIPI Reports
A Process for Developing Internet Policy The Model of the NationalICTInternet Summit - The Case Study of the Kyrgyz Republic GlobalInternet Policy Initiative (April 2001)
Licensing Options for Internet Service Providers Global Internet PolicyInitiative (June 23 2001 updated Sept 25 2002)
Application of Defamation Laws to the Internet Global Internet PolicyInitiative (October 2001)
14
Flat Rate versus Per Minute Charges for Telephone Service The Relationshipbetween Internet Access and Telephone Tariffs Global Internet PolicyInitiative (Dec 4 2001)
Taxation ofE-Commerce Global Internet Policy Initiative (December 2001)
Voice-over-IP The Future of Communications Global Internet Policy Initiative(April 29 2002)
Best Practices for Telecommunications Reform Global Internet PolicyInitiative (May 2002)
The Keys to the Back Office Building a Legal and Policy Framework to AttractIT-Enabled Outsourcing Global Internet Policy Initiative (May 2002)
Redelegation of Country Code Top Level Domains Global Internet PolicyInitiative (February 2003)
Trust And Security In Cyberspace The Legal And Policy Framework forAddressing Cybercrime Global Internet Policy Initiative (September2005)
Privacy and E-Government Privacy Impact Assessments and PrivacyCommissioners -Two Mechanisms for Protecting Privacy to PromoteCitizen Trust Online Global Internet Policy Initiative (May 12003)
Copyright and the Internet Building National Legislative Frameworks Based onInternational Copyright Law Olena Dmytrenko and James X DempseyGlobal Internet Policy Initiative (December 2004)
The Regulatory Framework for E-Commerce -International LegislativePractice Global Internet Policy Initiative (May 21 2002)
Creating the Legal Framework for ICT Development The Example ofE-Signature Legislation in Emerging Market Economies James XDempsey Global Internet Policy Initiative (2003)
The International Legal Framework for Data Protection and Its Transposition toDeveloping and Transitional Countries Global Internet Policy Initiative(Dec 28 2004)
Management of ccTLDs by Member States ofthe European Union GlobalInternet Policy Initiative (Oct 26 2002)
Building Local E-Government through Public-Private Partnerships ConferenceConclusions Conference on E-Government in Romania Global InternetPolicy Initiative (2005)
15
Additionally I managed all web content for the Global Internet Policy Initiativeavailable at httpwwwinternetpolicynet
c Supply four (4) copies of any testimony official statements or othercommunications relating in whole or in part to matters of public policy or legalinterpretation that you have issued or provided or that others presented on yourbehalf to public bodies or public officials
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
TestimonyTestimony before the Senate Judiciary Committee on The Electronic
Communications Privacy Act Promoting Security and Protecting Privacyin the Digital Age Sept 22 2010
Testimony before the House Judiciary Committee Subcommittee on theConstitution Civil Rights and Civil Liberties on ElectronicCommunications Privacy Act Reform May 52010
Testimony before the House Intelligence Committee on FISA and the ProtectAmerica Act Sept 182007
Testimony before the Senate Judiciary Committee on FISA and the ProtectAmerica Act Sept 25 2007
Testimony before the House Intelligence Committee on National Security LettersMar 28 2007
Testimony before the Presidents Privacy and Civil Liberties Oversight Board onPrivacy and Information Sharing for Counterterrorism Dec 52006
Testimony before the House Committee on the Judiciary Subcommittee onCrime Terrorism and Homeland Security on Updating FISA Sept 62006
Testimony before the Senate Judiciary Committee on Modernization of theForeign Intelligence Surveillance Act July 26 2006
Testimony before the House Intelligence Committee on Modernization of theForeign Intelligence Surveillance Act (FISA) July 192006
Testimony before the House Committee on Homeland Security Subcommittee on
16
Economic Security Infrastructure Protection and Cybersecurity onImproving Pre-Screening of Aviation Passengers against Terrorist andOther Watch Lists June 29 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act May 24 2005
Testimony before the House Permanent Select Committee on Intelligence on thePATRIOT Act May 112005
Testimony before the Senate Committee on the Judiciary on the PATRIOT ActMay 102005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Oversight Hearing on Implementation of the USAPATRIOT Act Section 212 May 5 2005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Implementation of the USA PATRIOT ActSections of the Act that Address Crime Terrorism and the Age ofTechnology April 21 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act April 19 2005
Testimony before the Senate Committee on the Judiciary on Securing ElectronicPersonal Data Striking a Balance Between Privacy and Commercial andGovernmental Use April 13 2005
Testimony before the Subcommittee on Telecommunications and the InternetHouse Committee on Energy and Commerce on Law Enforcement Accessto Communications Systems in a Digital Age Sept 8 2004
Testimony before the House Committee on Government Reform on Moving fromNeed to Know to Need to Share A Review ofthe 9-11 CommissionsRecommendations Aug 32004
Testimony before the Senate Committee on Commerce Science andTransportation on S 2281 The VOIP Regulatory Freedom Act of 2004June 16 2004
Testimony before the House Committee on the Judiciary Subcommittee onCommercial and Administrative Law on Privacy in the Hands of theGovernment The Privacy Officer for the Department of HomelandSecurity Feb 102004
Testimony before the Senate Committee on the Judiciary on America after 911Freedom Preserved or Freedom Lost Nov 182003
17
Testimony before the Subcommittee on Commercial and Administrative Law andthe Subcommittee on the Constitution of the House Judiciary Committeeon The Defense of Privacy Act and Privacy in the Hands of theGovernment July 22 2003
Testimony before the House Committee on the Judiciary Subcommittee on theConstitution on Anti-Terrorism Investigations and the Fourth AmendmentAfter September 11 Where and When Can the Government Go to PreventTerrorist Attacks May 202003
Testimony before the Subcommittee on Government Efficiency FinancialManagement and Intergovernmental Relations and the Subcommittee forTechnology and Procurement Policy of the House Committee onGovernment Reform on HR 3844 the Federal Information SecurityReform Act of 2002 May 2 2002
Testimony before the House Committee on the Judiciary Forum on NationalSecurity and the Constitution on the Nations Counter-Terrorism Programsand their Implications for Civil Liberties Jan 24 2002
Testimony before the House Committee on the Judiciary on Legislative Measuresto Improve Americas Counter-Terrorism Programs Sept 24 2001
Testimony before the House Subcommittee on the Constitution on privacylegislation Sept 6 2000
Testimony before the Senate Judiciary Committee on Carnivore Sept 62000
Testimony before the Senate Judiciary Committee on Internet Security andPrivacy May 25 2000
Testimony before the House Judiciary Subcommittee on the Constitution on TheFourth Amendment and the Internet April 6 2000
Testimony before the Subcommittee on Crime of the House Judiciary Committeeand the Subcommittee on Criminal Justice Oversight of the SenateJudiciary Committee on Internet Denial of Service Attacks and the FederalResponse Feb 29 2000
Testimony before the Commerce Committee on the Wireless PrivacyEnhancement Act of 1999 and the Wireless Communications and PublicSafety Enhancement Act of 1999 Feb 3 1999
Testimony before the House Committee on the Judiciary Subcommittee on Crimeon CALEA Implementation Oct 23 1997
18
Other CommunicationsComments of the Center for Democracy amp Technology regarding Cybersecurity
Innovation and the Internet Economy Docket No 100721305-0305-01before the US Department of Commerce September 202010
Comments of the Center for Democracy amp Technology regarding the Frameworkfor Broadband Internet Service GN Docket No 10-127 before theFederal Communications Commission July 152010
Comments of the Center for Democracy amp Technology regarding the Notice ofInquiry regarding the Assessment of the Transition of the TechnicalCoordination and Management of the Internets Domain Name andAddressing System before The National Telecommunications andInformation Administration within the US Department of CommerceJune 82009
Comments of the Center for Democracy amp Technology regarding TheContinued Transition of the Technical Coordination and Management ofthe Internets Domain Name and Addressing System Midterm Review ofthe Joint Project Agreement before The National Telecommunicationsand Information Administration within the US Department ofCommerce January 25 2008
Joint comments on the Petition for Expedited Rulemaking to Establish TechnicalRequirements and Standards Pursuant to Section 107 (b) of theCommunications Assistance for Law Enforcement Act before theFederal Communications Commission July 25 2007
Reply Comments by Industry and Public Interest Commenters in support of thePetition for Reconsideration and Clarification of the CALEAApplicability Order filed by the United States Telecom Association ETDocket No 04-295 before the Federal Communications CommissionJanuary 30 2006
Comments in support of the Petition for Reconsideration and Clarification of theCALEA Applicability Order ET Docket No 04-295 before the FederalCommunications Commission December 302005
Request for stay pending issuance of subsequent orders and for stay pendingjudicial review regarding the Communications Assistance for LawEnforcement Act and Broadband Access and Services ET Docket No 04-295 before the Federal Communications Commission November 232005
Joint Comments to the further notice of proposed rulemaking regarding the
19
Communications Assistance for Law Enforcement Act and BroadbandAccess and Services ET Docket No 04-295 before the FederalCommunications Commission November 142005
Bipartisan Working Group of Former Government Officials RecommendationsRegarding the Expiring Provisions ofthe Patriot Act July 172005
Letter to the Honorable John Sununu regarding Voice over Internet Protocol(VOIP) serves June 21 2004
Letter to Senator Akaka from the Center for Democracy amp Technology ACLUand the Electronic Privacy Information Center (EPIC) regarding datamining May 26 2004
Reply Comments of the Center for Democracy amp Technology regarding the JointPetition for Rulemaking to Resolve Various Outstanding IssuesConcerning the Implementation of the Communications Assistance forLaw Enforcement Act before the Federal Communications CommissionApril 27 2004
Letter to the Honorable Don Young and the Honorable James Oberstar regardingthe Transportation Security Administrations Computer AssistedPassenger Pre screening System (CAPPS II) February 172004
Comments ofthe Center for Democracy amp Technology on the Notice of Status ofSystem Records Interim Final Notice 68 Fed Reg 45265-01 (Aug 12003) Docket No DHSTSA-2003-01 September 302003
Comments on TSA s proposed Aviation Security Screening Records System 68Fed Reg 2101 (Jan 152003) Feb 242003
Comments on the Petition of the Cellular Telecommunications IndustryAssociation for a Rulemaking to Establish Fair Location InformationPractices before the Federal Communications Commission April 62001
Comments of the Center for Democracy amp Technology on the Council of EuropeDraft Convention on Cyber-crime Draft No 25 before the Council ofEurope and the US Department of Justice February 6 2001
Reply Comments of the Center for Democracy amp Technology regarding theCommunications Assistance for Law Enforcement Act CC Docket No97-213 before the Federal Communications Commission January 271999
Comments of the Center for Democracy and Technology on the CommunicationsAssistance for Law Enforcement Act CC Docket No 97-213 before theFederal Communications Commission May 20 1998
20
Comments ofthe Center for Democracy and Technology regarding theCommunications Assistance for Law Enforcement Act Extension ofOctober 1998 Compliance Date CC Docket No 97-213 before theFederal Communications Commission April 2 1998
d Supply four (4) copies transcripts or recordings of all speeches or talks deliveredby you including commencement speeches remarks lectures panel discussionsconferences political speeches and question-and-answer sessions Include thedate and place where they were delivered and readily available press reportsabout the speech or talk If you do not have a copy of the speech or a transcript orrecording of your remarks give the name and address of the group before whomthe speech was given the date of the speech and a summary of its subject matterIf you did not speak from a prepared text furnish a copy of any outline or notesfrom which you spoke
The list below consists of speeches or talks identified from my recollection frommy files and from search ofInternet databases Despite my searches there maybe other speeches or talks I have been unable to identifY find or remember
February 8 or 9 1994 - spoke on a panel about criminal history records at theNational Conference on Criminal History Records Brady and Beyondorganized by the Bureau of Justice Statistics US Department of JusticeConstitution Ave NW Washington DC and SEARCH 7311 Greenhaven DriveSuite 145 Sacramento California 95831
August 3 1994 - spoke on a panel about gang databases at the InternationalSymposium Criminal Justice Information Systems and Technology Buildingthe Infrastructure organized by SEARCH 7311 Greenhaven Drive Suite 145Sacramento California 95831
October 7 1998 - Presentation on Protecting the Human Right to Freedom ofExpression on the Global Internet made at the conference on the Public Voice inthe Development of Internet Policy Ottawa Canada organized by the ElectronicPrivacy Information Center 1718 Connecticut Ave NW Suite 200 WashingtonDC 20009 httpthepublicvoiceorgeventsottawa98defaulthtml (PowerPointattached - hardcopy)
April 2001 - Global Internet Policy initiative Promoting the Development of theInternet through Legal and Policy Reform Almaty Kazakhstan sponsored by theOpen Society Institute IlIA Zhe1toksan St Office 9 Almaty 050000 Kazakhstan(PowerPoint attached - hardcopy)
June 2001 - presented on Content Controls Freedom of Expression and ISPLiability on the Internet and Internet Policy Overview The legal and
21
Regulatory Framework Enabling Development of the Internet at the AdvancedNetwork Workshop Stockholm Sweden sponsored by the Internet Society 1775Wiehle Avenue Suite 201 Reston VA (PowerPoints (2) submittedelectronically)
July 2001 - Internet and Democracy The Legal and Regulatory Frameworkpresentation at the National Foreign Affairs Training Center US Department ofState 2201 CSt NW Washington DC (PowerPoint submitted electronically)
July 2001 - spoke about Internet Policy Overview The Legal and RegulatoryFramework Enabling Development of the Internet as an Engine of EconomicGrowth at a telecommunications regulatory study tour training sessionsponsored by the US Telecommunications Training Institute 1150 ConnecticutAve NW Washington DC (PowerPoint submitted electronically)
April 2002 - spoke about Overview of Internet legislation The Legal andRegulatory Framework for Development of the Internet - Global Perspective inTashkent Uzbekistan organized by the Global Internet Policy Initiative-UZ 31Kamo1 Jalilov Street Tashkent and the United national Development ProgrammeOne United Nations Plaza New York NY 10017 (PowerPoint submittedelectronically)
June 18 2002 - Tutorial Legal and Regulatory Issues A Primer - ConsumerPrivacy Overview and Government Surveillance INET 02 sponsored by theInternet Society 1775 Wiehle Avenue Suite 201 Reston VA20190-5108 USA (PowerPoints (3) submitted electronically)
October 2002 - I am submitting electronically a PowerPoint dated October 2002on the subject Internet Policy Overview The Legal and Regulatory FrameworkEnabling Development ofthe Internet as an Engine of Economic Growth - basedon a review of my records I cannot determine whether I actually gave such apresentation in October 2002 let alone where
April 21 2003 - I am submitting electronically a PowerPoint dated April 212003 on the subject Privacy Overview - based on a review of my records Icannot determine whether I actually gave such a presentation in April 2003 letalone where
June 27 2003 - The Legal and Regulatory Framework Enabling Development ofthe Internet as an Engine of Economic Growth and DemocratizationUNITARIINTEL Seminar 2 United Nations Plaza New York City (PowerPointsubmitted electronically)
September 8 2003 - Protecting Privacy and Freedom of Communication in theFight against Cybercrime Southeast Europe Cybersecurity Conference in SofiaBulgaria sponsored by the United States Government Department of State 2201C Street NW Washington DC and the Government of Bulgariahttpwwwcybersecuritycooperationorg (PowerPoint submitted electronically)
22
March 72004 - spoke at a workshop in Washington DC entitled CivilLiberties The Patriot Act The Toll on Our Rights convened by the NationalCouncil of Jewish Womens Washington Institute in Washington DC 1707 LStreet NW Suite 950 Washington DC 20036-4206
March 10 2004 - spoke on CALEA and VoIP at a brown bag lunch meeting ofthe DC Bars Computer and Telecommunications Law Section 1101 K StreetNW Suite 200 Washington DC
May 11 2004 - spoke about CALEA at a VoIP conference in Reston VAorganized by Law Seminars International 800 Fifth Avenue Suite 101 SeattleWA 98104
May 18 2004 - participated in a panel discussion on Internet governance at theMicrosoft Government Leaders Forum One Microsoft Way Redmond WA inSeattle Washington
June 4 2004 - spoke about Human Rights and the War on Terrorism at the USForeign Policy Colloquium sponsored by the National Committee on UnitedStates- China Relations 71 West 23rd Street Suite 1901 New York NY 10010-4102 (PowerPoint attached - hardcopy)
June 18 2004 - spoke on a panel on Government Surveillance Civil Libertiesand the War on Terror at the National Convention of the American ConstitutionSociety 1333 H Street NW 11th Floor Washington DC
July 2004 - Internet and Democracy The Legal and Regulatory FrameworkEnabling Development of the Internet as an Engine of Economic Growth andDemocratization presentation at National Foreign Affairs Training Center USDepartment of State 2201 C 81 NW Washington DC (PowerPoints (2)submitted electronically)
September 16 2004 - spoke on cybersecurity issues at the Academy forEducational Development 1825 Connecticut Ave NW Washington DC 20009-5721 as part of the DOT-COMInterAction Speaker Series Cyber-SecurityIssues in International Development Environments (PowerPoint submittedelectronically and handwritten notes attached in hardcopy
September 30 2004 - moderated a panel on Government Industry and Securityat the Privacy and National Security Forum in Washington DC sponsored by theInternational Association of Privacy Professionals 75 Rochester Ave Suite 4Portsmouth NH 03801 USA
October 62004 - presentation on The Patriot Act Civil Liberties and the War onTerrorism at LocationOne 26 Greene Street New York New York 10013
23
October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
24
May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
27
May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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7 Militarv Service and Draft Status Identify any service in the US Military includingdates of service branch of service rank or rate serial number (if different from socialsecurity number) and type of discharge received and whether you have registered forselective service
None
8 Honors and Awards List any scholarships fellowships honorary degrees academic orprofessional honors honorary society memberships military awards and any otherspecial recognition for outstanding service or achievement
Phi Beta Kappa
9 Bar Associations List all bar associations or legal or judicial-related committeesselection panels or conferences of which you are or have been a member and give thetitles and dates of any offices which you have held in such groups
American Bar Association -Member Approx 1980 to 1984 or 1985
10 Bar and Court Admission
a List the date(s) you were admitted to the bar of any state and any lapses inmembership Please explain the reason for any lapse in membership
District of Columbia bar - admitted March 10 1980
b List all courts in which you have been admitted to practice including dates ofadmission and any lapses in membership Please explain the reason for any lapsein membership Give the same information for administrative bodies that requirespecial admission to practice
US District Court for the District of Columbia - October 6 1980US Court of Appeals for the District of Columbia Circuit - June 5 1981Supreme Court of the United States - March 28 1983U S Court of Appeals for the Ninth Circuit - December 27 1983US Court of Appeals for the Fourth Circuit - July 25 1984U S Claims Court - August 16 1984
11 Memberships
a List all professional business fraternal scholarly civic charitable or otherorganizations other than those listed in response to Questions 9 or 10 to whichyou belong or to which you have belonged since graduation from law schoolProvide dates of membership or participation and indicate any office you held
4
Include clubs working groups advisory or editorial boards panels committeesconferences or publications
Defending Dissent Foundation (2007 - present)Vice President and Member Board of Directors (unpaid)
First Amendment Foundation (2002 - 2007)Vice President and Member Board of Directors (unpaid)(The First Amendment Foundation merged in 2007 with another organization tobecome the Defending Dissent Foundation)
The Oversight Project (1997 - 2007)President and Member Board of Directors (unpaid)(The Oversight Project never conducted major activities it was ended in 2007)
Digital Policy Institute (2003-2007)President and Member Board of Directors (unpaid) (The Digital Policy Instituteceased operation in 2007)
The Center for Democracy and Technology (CDT) sponsors the Digital Privacyand Security Working Group (DPSWG) a policy forum for computer andcommunications companies trade associations and public interest organizationsI have participated in DPSWG since I joined CDT in 1997 I coordinated itsmeetings and mailing list until 2010 Since 2010 I have coordinated Digital DueProcess a coalition recommending updates to the Electronic CommunicationsPrivacy Act
The Global Internet Policy Initiative was an unincorporated project of CDT andInternews from 2001 to around 2006 I was Policy Director for the project Theproject is no longer active
Bill of Rights Defense Committee Advisory Board (2002 - present)
National Strategic Policy Council on Cyber and Electronic Crime of the NationalGovernors Association Center for Best Practices (2006-2007)
Steering Committee of the ANSI-BBB Identity Theft Prevention and IdentityManagement Standards Panel (2006-2008)
Markle Foundation Task Force on National Security in the Information Age-member (2004 - present) member of steering committee (2006 - present)
Markle Foundation Connecting for Health initiative - participant and member ofsteering committee (2007- 2008)
5
Industry Advisory Board for the National Counter-Terrorism Center (2005 -2006)
Transportation Security Administration Secure Flight Working Group (2005)
Conference on Computers Freedom and Privacy sponsored by AOL theAssociation for Computing Machinery and other for profit and non-profitorganizations Program Committee (2007)
California Identity Theft Summit sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation Advisory Committee (2007)
California e-Prescribing Task Force sponsored by the California HealthCareFoundation (2008 - 2009)
State of California Terrorism Threat Assessment Advisory Group CaliforniaOffice of Homeland Security (2008 - present)
DARPA Privacy Panel (2010 - present)
Janney School Washington DC PTA Vice President (1997- 1999)
Maret School Washington DC Auction committee (2003-2005)
Urban School San Francisco CA Auction committee (2008)
From around 1989 to 2005 I attended and made contributions to S1ColumbasChurch in Washington DC From late 2005 or early 2006 to 2009 I attended andmade contributions to St Aidans Church in San Francisco where I served on thestewardship committee for about a year and a half between 2007 and 2009 Ihave more recently attended and made contributions to Trinity Church in SanFrancisco
I have made fmancial contributions to charitable organizations over the years Ihave not included in the list above any organizations to which I gave funds anddid not otherwise participate in programmatic activities although the organizationmay label me a member
b Indicate whether any of these organizations listed in response to lla abovecurrently discriminate or formerly discriminated on the basis of race sex religionor national origin either through formal membership requirements or the practicalimplementation of membership policies If so describe any action you have takento change these policies and practices
6
None of the organizations I listed in response to 1la above to my knowledgecurrently discriminate or formerly discriminated on the basis of race sex orreligion either through formal membership requirements or the practicalimplementation of membership policies
12 Published Writings and Public Statements
a List the titles publishers and dates of books articles reports letters to the editoreditorial pieces or other published material you have written or edited includingmaterial published only on the Internet Supply four (4) copies of all publishedmaterial to the Committee
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
PublicationslBooksDeirdre K Mulligan and Jim Dempsey Internet Can Be a Big Benefit for
Democracy San Francisco Chronicle (op-ed) July 4 2010
Deven McGraw James X Dempsey Leslie Harris and Janlori Goldman PrivacyAs An Enabler Not An Impediment Building Trust Into HealthInformation Exchange Health Affairs Vol 28 no 2 (2009)
Digital Search amp Seizure Updating Privacy Protections To Keep Pace WithTechnology article reprinted in course handbook for the Privacy andSecurity Law Institute 2008 (PLI June 2008 and June 2009)
Federal Computer Security Initiative Welcome but Too Secretive Forbesonline May 13 2008
The Internet at Risk The Need for Higher Education Advocacy EDUCAUSEReview Vol 42 No6 NovemberlDecember 2007
James X Dempsey and Ira Rubinstein Lawyers and Technologists Joined at theHip Guest Editors Introduction to IEEE Security and PrivacyMagazine Vol 4 Issue 3 (MayJune 2006)
James X Dempsey and Lara M Flint Commercial Data and National SecurityThe George Washington Law Review Vol 72 Number 6 (August 2004)
What E-Government Means for Those of Us Who Cannot Type LocalGovernment Brief Winter 2003 p 22
Civil Liberties in a Time of Crisis Journal of the National Council of JewishWomen Winter 20012002 (typescript submitted in hardcopy)
7
James X Dempsey and David Cole Terrorism and the Constitution (New Press3rd ed 2006)
Essays on PATRIOT Act provisions in Patriot Debates Experts Debate theUSA PATRIOT Act Stewart A Baker and John Kavanagh editors(published by the American Bar Association Standing Committee on Lawand National Security June 2005)
James X Dempsey Civil Liberties in a Time of Crisis Human Rights Winter2002
James X Dempsey Freedom of Expression in the IT Era User Empowermentedited transcript of a speech to the IPI World Congress and 50th GeneralAssembly (January 2001)
James X Dempsey and Martin L Stem Disconnect the FBI Wiretap PlanLegal Times June 15 1998
Michael J ONeil and James X Dempsey 2000 DePaul Business Law JournalCritical Infrastructure Protection Threats To Privacy And Other CivilLiberties And Concerns With Government Mandates On Industry
Deirdre Mulligan and James X Dempsey Applying Campaign Finance Law tothe Internet - Risks to Free Expression and Democratic Values CFPApril 2000
James X Dempsey Overview of Criminal Justice Information Systems CFPApril 2000
Communications Privacy In The Digital Age Revitalizing The Federal WiretapLaws To Enhance Privacy Albany Law Journal of Science ampTechnology 1997
Proprietary Data Hard to Protect in Government Bids (with James A Dobkin)Legal Times May 16 1983
Court Reexamines State Federal Utility Regulatory Role (with G PhilipNowak) Legal Times October 24 1983
FERC Limits PURPA Electric Transmission Authority (with G Philip Nowak)Legal Times January 30 1984
Protection of Corporate Secrets in Government Contract Proposals and Bids(with James A Dobkin) 15 Pub Con LJ 46 (1984)
Data privacy ~ Law enforcements access to your information in National
8
Conference on Privacy Technology and Criminal Justice Informationproceedings ofa Bureau of Justice StatisticsSEARCH conference (2001)
Control y Supervision Legislativa del FBI en Estados Unidos in ControlDemocratico en el Mantenimiento de la Seguridad Interior 1998(hardcopy attached)
Control y supervision legislative del FBI en Estados Unidos in Policia ysociedad democratic a 1998 (hardcopy attached)
The Terrors of Counterterrorism The Recorder May 11 1995 (hardcopyattached)
CDr blog entriesA Good Start for the 110th
CDT Blog Jan 102007
A Global Forum on National Issues CDT BIog Nov 62006
A Wake-Up Call for Reform CDT Blog Mar 142007
Admin Cyber-Security Plan Raises Concerns over NSAs Role CDT BIogNov 82007
CTO Aneesh Chopra - A Breath of Fresh Air CDT Blog Aug 6 2009
Congressional Oversight on Privacy and National Security CDT BIogNov 10 2006
Does Targeting Authorize the Vacuum Cleaner CDT Blog June 252008
ICANN US Government Mfirm Private Sector Lead in Domain NameGovernance CDT Blog Sept 302009
Internet Governance The Contribution ofthe IGF CDT Blog July 152010
More Bad News CDT Blog June 9 2006
New Urban Myth The Internet ID Scare CDT BIog Jan 112011
Privacy in the Age of Big Data CDT BIog Aug 20 2009
Progressives Should Embrace Intent Behind Violent Radicalization Bill CDTBlog Dec 14 2007
Supreme Court Holds Stead on Workplace Privacy CDT Blog June 172010
9
The Real Story on Warrantless Surveillance CDT Blog Aug 2 2007
Transparency Privacy and Financial Services Reform CDT Blog April262010
What Do the Twitter Subpoenas Mean CDT Blog Jan 122011
Why the NSA Should Not Lead Cybersecurity Government-Wide CDT BlogApril 21 2009
b Supply four (4) copies of any reports memoranda or policy statements youprepared or contributed in thepreparation of on behalf of any bar associationcommittee conference or organization of which you were or are a member Ifyou do not have a copy of a report memorandum or policy statement give thename and address of the organization that issued it the date of the document anda summary of its subject matter
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
Markle Foundation- Connecting for Health Initiative
Consumers as Network Participants Common Framework for NetworkedPersonal Health Information Connecting for Health Markle Foundation(June 2008)
Overview and Principles Common Framework for Networked Personal HealthInformation Connecting for Health Markle Foundation (June 2008)
Linking Health Care Information Proposed Methods for Improving Care andProtecting Privacy Connecting for Health Markle Foundation (February2005)
Achieving Electronic Connectivity in Healthcare A Roadmap from the NationsPublic and Private Sector Healthcare Leaders Connecting for HealthMarkle Foundation (Fall 2004)
Achieving Electronic Connectivity in Healthcare Summary ofRecommendations Connecting for Health Markle Foundation (July2004)
Achieving Electronic Connectivity in Healthcare A Preliminary Roadmap fromthe Nations Public and Private Sector Healthcare Leaders Connectingfor Health Markle Foundation (July 2004)
10
Markle Foundation-Task Force on National Security in the Information Age
Creating a Trusted Network for Homeland Security Second Report of theMarkle Foundation Task Force Task Force on National Security MarkleFoundation (2003)
Protecting Americas Freedom in the Information Age A Report of the MarkleFoundation Task Force Task Force on National Security MarkleFoundation (October 2002)
CDT Reports-
Intermediary Liability Protecting Internet Platforms for Expression andInnovation Center for Democracy amp Technology (April 2010)
Patriot Act Sunsets Should Prompt Re-Consideration of Anti-Terror PowersAdjustments Needed To Protect Civil Liberties Center for Democracy ampTechnology website content (Sept 162009)
PASS ID Act Addresses Major Privacy Concerns in REAL ID Center forDemocracy amp Technology website content (June 152009)
White House Sets Framework for Cybersecurity Builds in Privacy Center forDetnocracy amp Technology website content (May 29 2009)
Cybersecurity Program Should Be More Transparent Protect Privacy Centerfor Democracy amp Technology website content (March 30 2009)
Domestic Intelligence System Grows without Controls Center for Democracyamp Technology website content (March 192009)
Show Us the Data Most Wanted Federal Documents Report by the Center forDemocracy amp Technology and OpenTheGoverntnentOrg (March 2009)
Investigative Guidelines Cement FBI Role As Domestic Intelligence AgencyRaising New Privacy Challenges Center for Democracy amp Technologywebsite content (October 29 2008)
Online Consumers at Risk and the Role of State Attorneys General Center forAmerican Progress and the Center for Democracy amp Technology (August2008)
Legislation Needed to Correct Widespread Errors in use of National SecurityLetters Center for Democracy amp Technology website content (May 142008)
Governance of Critical Internet Resources What Does Governance Mean
11
What Are Critical Internet Resources Prepared by the Center forDemocracy amp Technology for the Second Internet Governance Forum inRio de Janeiro Brazil (Nov 142007)
Bills Would Strengthen Weaken Surveillance Standards Center for Democracyamp Technology website content (Oct 26 2007)
Federal Appeals Court Holds Email Content Is Constitutionally ProtectedCenter for Democracy amp Technology website content (July 25 2007)
IRS Proposal Could Impact Millions of Internet Users Center for Democracy ampTechnology website content (May 4 2007)
Bill Introduced to Reform FBI Data Demands Center for Democracy ampTechnology website content (March 292007)
The Internet in Transition 2009 and Beyond A Platform to Keep the InternetOpen Innovative and Free Center for Democracy amp Technologywebsite content (Nov 172006) available athttp oldcdtorgelection2008
ICANN Seeks Input on Improving Transparency and Accountability Center forDemocracy amp Technology website content (Nov 172006)
Congress Poised to Consider Dangerous NSA Bills Center for Democracy ampTechnology website content (Sept 25 2006)
FISA Modernization is Dangerous and Premature Center for Democracy ampTechnology website content (Aug 2 2006)
Internet Governance Debate Poses Unique Global Challenges Center forDemocracy amp Technology website content (July 192006)
Court Upholds Imposition of Technical Design Mandates on the InternetCenter for Democracy amp Technology website content (June 132006)
Illegal NSA Data Mining Highlights Need for Congressional Oversight Centerfor Democracy amp Technology website content (May 112006)
President Signs PATRIOT Act Reauthorization Bill Lacking Civil LibertiesProtections Center for Democracy amp Technology website content(March 172006)
Digital Technology Makes Surveillance Easier Requiring Stronger PrivacyLaws Center for Democracy amp Technology website content (Feb 222006)
Congress Begins Deeper Investigation ofNSAs Warrantless Wiretapping
12
Program Center for Democracy amp Technology website content (Feb 142006)
Digital Search amp Seizure Updating Privacy Protections to Keep Pace withTechnology Center for Democracy amp Technology (February 2006)
Congress Needs to Hear About PATRIOT Renewal Center for Democracy ampTechnology website content (Jan 4 2006)
Civil Liberties Crisis Confronts Nation Center for Democracy amp Technologywebsite content (Dec 19 2005)
PATRIOT Act Deal Falls Short on Civil Liberties Checks and Balances Centerfor Democracy amp Technology website content (Dec 122005)
Congressional Revolt Over Civil Liberties PATRIOT Reform Hangs in theBalance Center for Democracy amp Technology website content (Nov 112005)
Federal Appeals Court Reaffirms E-Mail Privacy Protections Center forDemocracy amp Technology website content (Aug 182005)
Civil Liberties at Issue in PATRIOT Act Reauthorization Center forDemocracy amp Technology website content (June 2 2005)
SAFE Act Would Control PATRIOT Powers Center for Democracy ampTechnology website content (April 26 2005)
Federal ID Proposals for US Citizens and Others Grow in Number and ScopeCenter for Democracy amp Technology website content (Jan 182005)
Technologies That Can Protect Privacy as Information is Shared to CombatTerrorism Center for Democracy amp Technology (May 26 2004)
The Internet and Law Enforcement Surveillance Extension of CALEA to theInternet Would Be Unlawful Unnecessary and Unwise Center forDemocracy amp Technology (May 20 2004)
No Design Mandates for Internet CDT Tells FCC Center for Democracy ampTechnology website content (April 28 2004)
Googles GMail Highlights General Privacy Concerns Center for Democracy ampTechnology website content (April 12 2004)
The Internet and Law Enforcement Surveillance Law Enforcement ConcernsCan Be Addressed Without Regulation Which Would Stifle InnovationRaise Costs Risk Security Center for Democracy amp Technology (March192004)
13
GAO Echoes CDT Criticisms of CAPPS II Coalition Calls for HearingsCenter for Democracy amp Technology website content (Feb 26 2004)
Security Holes at DMVs Feed ID Theft Offer Lessons for National ID CardDebate Center for Democracy amp Technology website content (Feb 32004)
Privacys Gap The Largely Non-Existent Legal Framework for GovernmentMining of Commercial Data Center for Democracy amp Technology(May 19 2003)
Part 4 Information Security and Government Policies in InformationTechnology Security Handbook (2003)
The E-Government Handbook for Developing Countries Project ofInfoDevand the Center for Democracy amp Technology (November 2002)
Appeals Court Rules on FCC CALEA Decision Center for Democracy ampTechnology website content (Aug 152000)
Bridging the Digital Divide Internet Access in Central and Eastern EuropeCenter for Democracy amp Technology (2000)
Square Pegs amp Round Holes Applying Campaign Finance Law to the Internet -Risks to Free Expression amp Democratic Values Center for Democracy ampTechnology (October 1999)
Regardless of Frontiers Protecting The Human Right to Freedom ofExpression on the Global Internet Global Internet Liberty Campaign(1998)
GIPI Reports
A Process for Developing Internet Policy The Model of the NationalICTInternet Summit - The Case Study of the Kyrgyz Republic GlobalInternet Policy Initiative (April 2001)
Licensing Options for Internet Service Providers Global Internet PolicyInitiative (June 23 2001 updated Sept 25 2002)
Application of Defamation Laws to the Internet Global Internet PolicyInitiative (October 2001)
14
Flat Rate versus Per Minute Charges for Telephone Service The Relationshipbetween Internet Access and Telephone Tariffs Global Internet PolicyInitiative (Dec 4 2001)
Taxation ofE-Commerce Global Internet Policy Initiative (December 2001)
Voice-over-IP The Future of Communications Global Internet Policy Initiative(April 29 2002)
Best Practices for Telecommunications Reform Global Internet PolicyInitiative (May 2002)
The Keys to the Back Office Building a Legal and Policy Framework to AttractIT-Enabled Outsourcing Global Internet Policy Initiative (May 2002)
Redelegation of Country Code Top Level Domains Global Internet PolicyInitiative (February 2003)
Trust And Security In Cyberspace The Legal And Policy Framework forAddressing Cybercrime Global Internet Policy Initiative (September2005)
Privacy and E-Government Privacy Impact Assessments and PrivacyCommissioners -Two Mechanisms for Protecting Privacy to PromoteCitizen Trust Online Global Internet Policy Initiative (May 12003)
Copyright and the Internet Building National Legislative Frameworks Based onInternational Copyright Law Olena Dmytrenko and James X DempseyGlobal Internet Policy Initiative (December 2004)
The Regulatory Framework for E-Commerce -International LegislativePractice Global Internet Policy Initiative (May 21 2002)
Creating the Legal Framework for ICT Development The Example ofE-Signature Legislation in Emerging Market Economies James XDempsey Global Internet Policy Initiative (2003)
The International Legal Framework for Data Protection and Its Transposition toDeveloping and Transitional Countries Global Internet Policy Initiative(Dec 28 2004)
Management of ccTLDs by Member States ofthe European Union GlobalInternet Policy Initiative (Oct 26 2002)
Building Local E-Government through Public-Private Partnerships ConferenceConclusions Conference on E-Government in Romania Global InternetPolicy Initiative (2005)
15
Additionally I managed all web content for the Global Internet Policy Initiativeavailable at httpwwwinternetpolicynet
c Supply four (4) copies of any testimony official statements or othercommunications relating in whole or in part to matters of public policy or legalinterpretation that you have issued or provided or that others presented on yourbehalf to public bodies or public officials
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
TestimonyTestimony before the Senate Judiciary Committee on The Electronic
Communications Privacy Act Promoting Security and Protecting Privacyin the Digital Age Sept 22 2010
Testimony before the House Judiciary Committee Subcommittee on theConstitution Civil Rights and Civil Liberties on ElectronicCommunications Privacy Act Reform May 52010
Testimony before the House Intelligence Committee on FISA and the ProtectAmerica Act Sept 182007
Testimony before the Senate Judiciary Committee on FISA and the ProtectAmerica Act Sept 25 2007
Testimony before the House Intelligence Committee on National Security LettersMar 28 2007
Testimony before the Presidents Privacy and Civil Liberties Oversight Board onPrivacy and Information Sharing for Counterterrorism Dec 52006
Testimony before the House Committee on the Judiciary Subcommittee onCrime Terrorism and Homeland Security on Updating FISA Sept 62006
Testimony before the Senate Judiciary Committee on Modernization of theForeign Intelligence Surveillance Act July 26 2006
Testimony before the House Intelligence Committee on Modernization of theForeign Intelligence Surveillance Act (FISA) July 192006
Testimony before the House Committee on Homeland Security Subcommittee on
16
Economic Security Infrastructure Protection and Cybersecurity onImproving Pre-Screening of Aviation Passengers against Terrorist andOther Watch Lists June 29 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act May 24 2005
Testimony before the House Permanent Select Committee on Intelligence on thePATRIOT Act May 112005
Testimony before the Senate Committee on the Judiciary on the PATRIOT ActMay 102005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Oversight Hearing on Implementation of the USAPATRIOT Act Section 212 May 5 2005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Implementation of the USA PATRIOT ActSections of the Act that Address Crime Terrorism and the Age ofTechnology April 21 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act April 19 2005
Testimony before the Senate Committee on the Judiciary on Securing ElectronicPersonal Data Striking a Balance Between Privacy and Commercial andGovernmental Use April 13 2005
Testimony before the Subcommittee on Telecommunications and the InternetHouse Committee on Energy and Commerce on Law Enforcement Accessto Communications Systems in a Digital Age Sept 8 2004
Testimony before the House Committee on Government Reform on Moving fromNeed to Know to Need to Share A Review ofthe 9-11 CommissionsRecommendations Aug 32004
Testimony before the Senate Committee on Commerce Science andTransportation on S 2281 The VOIP Regulatory Freedom Act of 2004June 16 2004
Testimony before the House Committee on the Judiciary Subcommittee onCommercial and Administrative Law on Privacy in the Hands of theGovernment The Privacy Officer for the Department of HomelandSecurity Feb 102004
Testimony before the Senate Committee on the Judiciary on America after 911Freedom Preserved or Freedom Lost Nov 182003
17
Testimony before the Subcommittee on Commercial and Administrative Law andthe Subcommittee on the Constitution of the House Judiciary Committeeon The Defense of Privacy Act and Privacy in the Hands of theGovernment July 22 2003
Testimony before the House Committee on the Judiciary Subcommittee on theConstitution on Anti-Terrorism Investigations and the Fourth AmendmentAfter September 11 Where and When Can the Government Go to PreventTerrorist Attacks May 202003
Testimony before the Subcommittee on Government Efficiency FinancialManagement and Intergovernmental Relations and the Subcommittee forTechnology and Procurement Policy of the House Committee onGovernment Reform on HR 3844 the Federal Information SecurityReform Act of 2002 May 2 2002
Testimony before the House Committee on the Judiciary Forum on NationalSecurity and the Constitution on the Nations Counter-Terrorism Programsand their Implications for Civil Liberties Jan 24 2002
Testimony before the House Committee on the Judiciary on Legislative Measuresto Improve Americas Counter-Terrorism Programs Sept 24 2001
Testimony before the House Subcommittee on the Constitution on privacylegislation Sept 6 2000
Testimony before the Senate Judiciary Committee on Carnivore Sept 62000
Testimony before the Senate Judiciary Committee on Internet Security andPrivacy May 25 2000
Testimony before the House Judiciary Subcommittee on the Constitution on TheFourth Amendment and the Internet April 6 2000
Testimony before the Subcommittee on Crime of the House Judiciary Committeeand the Subcommittee on Criminal Justice Oversight of the SenateJudiciary Committee on Internet Denial of Service Attacks and the FederalResponse Feb 29 2000
Testimony before the Commerce Committee on the Wireless PrivacyEnhancement Act of 1999 and the Wireless Communications and PublicSafety Enhancement Act of 1999 Feb 3 1999
Testimony before the House Committee on the Judiciary Subcommittee on Crimeon CALEA Implementation Oct 23 1997
18
Other CommunicationsComments of the Center for Democracy amp Technology regarding Cybersecurity
Innovation and the Internet Economy Docket No 100721305-0305-01before the US Department of Commerce September 202010
Comments of the Center for Democracy amp Technology regarding the Frameworkfor Broadband Internet Service GN Docket No 10-127 before theFederal Communications Commission July 152010
Comments of the Center for Democracy amp Technology regarding the Notice ofInquiry regarding the Assessment of the Transition of the TechnicalCoordination and Management of the Internets Domain Name andAddressing System before The National Telecommunications andInformation Administration within the US Department of CommerceJune 82009
Comments of the Center for Democracy amp Technology regarding TheContinued Transition of the Technical Coordination and Management ofthe Internets Domain Name and Addressing System Midterm Review ofthe Joint Project Agreement before The National Telecommunicationsand Information Administration within the US Department ofCommerce January 25 2008
Joint comments on the Petition for Expedited Rulemaking to Establish TechnicalRequirements and Standards Pursuant to Section 107 (b) of theCommunications Assistance for Law Enforcement Act before theFederal Communications Commission July 25 2007
Reply Comments by Industry and Public Interest Commenters in support of thePetition for Reconsideration and Clarification of the CALEAApplicability Order filed by the United States Telecom Association ETDocket No 04-295 before the Federal Communications CommissionJanuary 30 2006
Comments in support of the Petition for Reconsideration and Clarification of theCALEA Applicability Order ET Docket No 04-295 before the FederalCommunications Commission December 302005
Request for stay pending issuance of subsequent orders and for stay pendingjudicial review regarding the Communications Assistance for LawEnforcement Act and Broadband Access and Services ET Docket No 04-295 before the Federal Communications Commission November 232005
Joint Comments to the further notice of proposed rulemaking regarding the
19
Communications Assistance for Law Enforcement Act and BroadbandAccess and Services ET Docket No 04-295 before the FederalCommunications Commission November 142005
Bipartisan Working Group of Former Government Officials RecommendationsRegarding the Expiring Provisions ofthe Patriot Act July 172005
Letter to the Honorable John Sununu regarding Voice over Internet Protocol(VOIP) serves June 21 2004
Letter to Senator Akaka from the Center for Democracy amp Technology ACLUand the Electronic Privacy Information Center (EPIC) regarding datamining May 26 2004
Reply Comments of the Center for Democracy amp Technology regarding the JointPetition for Rulemaking to Resolve Various Outstanding IssuesConcerning the Implementation of the Communications Assistance forLaw Enforcement Act before the Federal Communications CommissionApril 27 2004
Letter to the Honorable Don Young and the Honorable James Oberstar regardingthe Transportation Security Administrations Computer AssistedPassenger Pre screening System (CAPPS II) February 172004
Comments ofthe Center for Democracy amp Technology on the Notice of Status ofSystem Records Interim Final Notice 68 Fed Reg 45265-01 (Aug 12003) Docket No DHSTSA-2003-01 September 302003
Comments on TSA s proposed Aviation Security Screening Records System 68Fed Reg 2101 (Jan 152003) Feb 242003
Comments on the Petition of the Cellular Telecommunications IndustryAssociation for a Rulemaking to Establish Fair Location InformationPractices before the Federal Communications Commission April 62001
Comments of the Center for Democracy amp Technology on the Council of EuropeDraft Convention on Cyber-crime Draft No 25 before the Council ofEurope and the US Department of Justice February 6 2001
Reply Comments of the Center for Democracy amp Technology regarding theCommunications Assistance for Law Enforcement Act CC Docket No97-213 before the Federal Communications Commission January 271999
Comments of the Center for Democracy and Technology on the CommunicationsAssistance for Law Enforcement Act CC Docket No 97-213 before theFederal Communications Commission May 20 1998
20
Comments ofthe Center for Democracy and Technology regarding theCommunications Assistance for Law Enforcement Act Extension ofOctober 1998 Compliance Date CC Docket No 97-213 before theFederal Communications Commission April 2 1998
d Supply four (4) copies transcripts or recordings of all speeches or talks deliveredby you including commencement speeches remarks lectures panel discussionsconferences political speeches and question-and-answer sessions Include thedate and place where they were delivered and readily available press reportsabout the speech or talk If you do not have a copy of the speech or a transcript orrecording of your remarks give the name and address of the group before whomthe speech was given the date of the speech and a summary of its subject matterIf you did not speak from a prepared text furnish a copy of any outline or notesfrom which you spoke
The list below consists of speeches or talks identified from my recollection frommy files and from search ofInternet databases Despite my searches there maybe other speeches or talks I have been unable to identifY find or remember
February 8 or 9 1994 - spoke on a panel about criminal history records at theNational Conference on Criminal History Records Brady and Beyondorganized by the Bureau of Justice Statistics US Department of JusticeConstitution Ave NW Washington DC and SEARCH 7311 Greenhaven DriveSuite 145 Sacramento California 95831
August 3 1994 - spoke on a panel about gang databases at the InternationalSymposium Criminal Justice Information Systems and Technology Buildingthe Infrastructure organized by SEARCH 7311 Greenhaven Drive Suite 145Sacramento California 95831
October 7 1998 - Presentation on Protecting the Human Right to Freedom ofExpression on the Global Internet made at the conference on the Public Voice inthe Development of Internet Policy Ottawa Canada organized by the ElectronicPrivacy Information Center 1718 Connecticut Ave NW Suite 200 WashingtonDC 20009 httpthepublicvoiceorgeventsottawa98defaulthtml (PowerPointattached - hardcopy)
April 2001 - Global Internet Policy initiative Promoting the Development of theInternet through Legal and Policy Reform Almaty Kazakhstan sponsored by theOpen Society Institute IlIA Zhe1toksan St Office 9 Almaty 050000 Kazakhstan(PowerPoint attached - hardcopy)
June 2001 - presented on Content Controls Freedom of Expression and ISPLiability on the Internet and Internet Policy Overview The legal and
21
Regulatory Framework Enabling Development of the Internet at the AdvancedNetwork Workshop Stockholm Sweden sponsored by the Internet Society 1775Wiehle Avenue Suite 201 Reston VA (PowerPoints (2) submittedelectronically)
July 2001 - Internet and Democracy The Legal and Regulatory Frameworkpresentation at the National Foreign Affairs Training Center US Department ofState 2201 CSt NW Washington DC (PowerPoint submitted electronically)
July 2001 - spoke about Internet Policy Overview The Legal and RegulatoryFramework Enabling Development of the Internet as an Engine of EconomicGrowth at a telecommunications regulatory study tour training sessionsponsored by the US Telecommunications Training Institute 1150 ConnecticutAve NW Washington DC (PowerPoint submitted electronically)
April 2002 - spoke about Overview of Internet legislation The Legal andRegulatory Framework for Development of the Internet - Global Perspective inTashkent Uzbekistan organized by the Global Internet Policy Initiative-UZ 31Kamo1 Jalilov Street Tashkent and the United national Development ProgrammeOne United Nations Plaza New York NY 10017 (PowerPoint submittedelectronically)
June 18 2002 - Tutorial Legal and Regulatory Issues A Primer - ConsumerPrivacy Overview and Government Surveillance INET 02 sponsored by theInternet Society 1775 Wiehle Avenue Suite 201 Reston VA20190-5108 USA (PowerPoints (3) submitted electronically)
October 2002 - I am submitting electronically a PowerPoint dated October 2002on the subject Internet Policy Overview The Legal and Regulatory FrameworkEnabling Development ofthe Internet as an Engine of Economic Growth - basedon a review of my records I cannot determine whether I actually gave such apresentation in October 2002 let alone where
April 21 2003 - I am submitting electronically a PowerPoint dated April 212003 on the subject Privacy Overview - based on a review of my records Icannot determine whether I actually gave such a presentation in April 2003 letalone where
June 27 2003 - The Legal and Regulatory Framework Enabling Development ofthe Internet as an Engine of Economic Growth and DemocratizationUNITARIINTEL Seminar 2 United Nations Plaza New York City (PowerPointsubmitted electronically)
September 8 2003 - Protecting Privacy and Freedom of Communication in theFight against Cybercrime Southeast Europe Cybersecurity Conference in SofiaBulgaria sponsored by the United States Government Department of State 2201C Street NW Washington DC and the Government of Bulgariahttpwwwcybersecuritycooperationorg (PowerPoint submitted electronically)
22
March 72004 - spoke at a workshop in Washington DC entitled CivilLiberties The Patriot Act The Toll on Our Rights convened by the NationalCouncil of Jewish Womens Washington Institute in Washington DC 1707 LStreet NW Suite 950 Washington DC 20036-4206
March 10 2004 - spoke on CALEA and VoIP at a brown bag lunch meeting ofthe DC Bars Computer and Telecommunications Law Section 1101 K StreetNW Suite 200 Washington DC
May 11 2004 - spoke about CALEA at a VoIP conference in Reston VAorganized by Law Seminars International 800 Fifth Avenue Suite 101 SeattleWA 98104
May 18 2004 - participated in a panel discussion on Internet governance at theMicrosoft Government Leaders Forum One Microsoft Way Redmond WA inSeattle Washington
June 4 2004 - spoke about Human Rights and the War on Terrorism at the USForeign Policy Colloquium sponsored by the National Committee on UnitedStates- China Relations 71 West 23rd Street Suite 1901 New York NY 10010-4102 (PowerPoint attached - hardcopy)
June 18 2004 - spoke on a panel on Government Surveillance Civil Libertiesand the War on Terror at the National Convention of the American ConstitutionSociety 1333 H Street NW 11th Floor Washington DC
July 2004 - Internet and Democracy The Legal and Regulatory FrameworkEnabling Development of the Internet as an Engine of Economic Growth andDemocratization presentation at National Foreign Affairs Training Center USDepartment of State 2201 C 81 NW Washington DC (PowerPoints (2)submitted electronically)
September 16 2004 - spoke on cybersecurity issues at the Academy forEducational Development 1825 Connecticut Ave NW Washington DC 20009-5721 as part of the DOT-COMInterAction Speaker Series Cyber-SecurityIssues in International Development Environments (PowerPoint submittedelectronically and handwritten notes attached in hardcopy
September 30 2004 - moderated a panel on Government Industry and Securityat the Privacy and National Security Forum in Washington DC sponsored by theInternational Association of Privacy Professionals 75 Rochester Ave Suite 4Portsmouth NH 03801 USA
October 62004 - presentation on The Patriot Act Civil Liberties and the War onTerrorism at LocationOne 26 Greene Street New York New York 10013
23
October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
24
May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
27
May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
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do swearstatement is to the best
3S((DATE)
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S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
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Include clubs working groups advisory or editorial boards panels committeesconferences or publications
Defending Dissent Foundation (2007 - present)Vice President and Member Board of Directors (unpaid)
First Amendment Foundation (2002 - 2007)Vice President and Member Board of Directors (unpaid)(The First Amendment Foundation merged in 2007 with another organization tobecome the Defending Dissent Foundation)
The Oversight Project (1997 - 2007)President and Member Board of Directors (unpaid)(The Oversight Project never conducted major activities it was ended in 2007)
Digital Policy Institute (2003-2007)President and Member Board of Directors (unpaid) (The Digital Policy Instituteceased operation in 2007)
The Center for Democracy and Technology (CDT) sponsors the Digital Privacyand Security Working Group (DPSWG) a policy forum for computer andcommunications companies trade associations and public interest organizationsI have participated in DPSWG since I joined CDT in 1997 I coordinated itsmeetings and mailing list until 2010 Since 2010 I have coordinated Digital DueProcess a coalition recommending updates to the Electronic CommunicationsPrivacy Act
The Global Internet Policy Initiative was an unincorporated project of CDT andInternews from 2001 to around 2006 I was Policy Director for the project Theproject is no longer active
Bill of Rights Defense Committee Advisory Board (2002 - present)
National Strategic Policy Council on Cyber and Electronic Crime of the NationalGovernors Association Center for Best Practices (2006-2007)
Steering Committee of the ANSI-BBB Identity Theft Prevention and IdentityManagement Standards Panel (2006-2008)
Markle Foundation Task Force on National Security in the Information Age-member (2004 - present) member of steering committee (2006 - present)
Markle Foundation Connecting for Health initiative - participant and member ofsteering committee (2007- 2008)
5
Industry Advisory Board for the National Counter-Terrorism Center (2005 -2006)
Transportation Security Administration Secure Flight Working Group (2005)
Conference on Computers Freedom and Privacy sponsored by AOL theAssociation for Computing Machinery and other for profit and non-profitorganizations Program Committee (2007)
California Identity Theft Summit sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation Advisory Committee (2007)
California e-Prescribing Task Force sponsored by the California HealthCareFoundation (2008 - 2009)
State of California Terrorism Threat Assessment Advisory Group CaliforniaOffice of Homeland Security (2008 - present)
DARPA Privacy Panel (2010 - present)
Janney School Washington DC PTA Vice President (1997- 1999)
Maret School Washington DC Auction committee (2003-2005)
Urban School San Francisco CA Auction committee (2008)
From around 1989 to 2005 I attended and made contributions to S1ColumbasChurch in Washington DC From late 2005 or early 2006 to 2009 I attended andmade contributions to St Aidans Church in San Francisco where I served on thestewardship committee for about a year and a half between 2007 and 2009 Ihave more recently attended and made contributions to Trinity Church in SanFrancisco
I have made fmancial contributions to charitable organizations over the years Ihave not included in the list above any organizations to which I gave funds anddid not otherwise participate in programmatic activities although the organizationmay label me a member
b Indicate whether any of these organizations listed in response to lla abovecurrently discriminate or formerly discriminated on the basis of race sex religionor national origin either through formal membership requirements or the practicalimplementation of membership policies If so describe any action you have takento change these policies and practices
6
None of the organizations I listed in response to 1la above to my knowledgecurrently discriminate or formerly discriminated on the basis of race sex orreligion either through formal membership requirements or the practicalimplementation of membership policies
12 Published Writings and Public Statements
a List the titles publishers and dates of books articles reports letters to the editoreditorial pieces or other published material you have written or edited includingmaterial published only on the Internet Supply four (4) copies of all publishedmaterial to the Committee
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
PublicationslBooksDeirdre K Mulligan and Jim Dempsey Internet Can Be a Big Benefit for
Democracy San Francisco Chronicle (op-ed) July 4 2010
Deven McGraw James X Dempsey Leslie Harris and Janlori Goldman PrivacyAs An Enabler Not An Impediment Building Trust Into HealthInformation Exchange Health Affairs Vol 28 no 2 (2009)
Digital Search amp Seizure Updating Privacy Protections To Keep Pace WithTechnology article reprinted in course handbook for the Privacy andSecurity Law Institute 2008 (PLI June 2008 and June 2009)
Federal Computer Security Initiative Welcome but Too Secretive Forbesonline May 13 2008
The Internet at Risk The Need for Higher Education Advocacy EDUCAUSEReview Vol 42 No6 NovemberlDecember 2007
James X Dempsey and Ira Rubinstein Lawyers and Technologists Joined at theHip Guest Editors Introduction to IEEE Security and PrivacyMagazine Vol 4 Issue 3 (MayJune 2006)
James X Dempsey and Lara M Flint Commercial Data and National SecurityThe George Washington Law Review Vol 72 Number 6 (August 2004)
What E-Government Means for Those of Us Who Cannot Type LocalGovernment Brief Winter 2003 p 22
Civil Liberties in a Time of Crisis Journal of the National Council of JewishWomen Winter 20012002 (typescript submitted in hardcopy)
7
James X Dempsey and David Cole Terrorism and the Constitution (New Press3rd ed 2006)
Essays on PATRIOT Act provisions in Patriot Debates Experts Debate theUSA PATRIOT Act Stewart A Baker and John Kavanagh editors(published by the American Bar Association Standing Committee on Lawand National Security June 2005)
James X Dempsey Civil Liberties in a Time of Crisis Human Rights Winter2002
James X Dempsey Freedom of Expression in the IT Era User Empowermentedited transcript of a speech to the IPI World Congress and 50th GeneralAssembly (January 2001)
James X Dempsey and Martin L Stem Disconnect the FBI Wiretap PlanLegal Times June 15 1998
Michael J ONeil and James X Dempsey 2000 DePaul Business Law JournalCritical Infrastructure Protection Threats To Privacy And Other CivilLiberties And Concerns With Government Mandates On Industry
Deirdre Mulligan and James X Dempsey Applying Campaign Finance Law tothe Internet - Risks to Free Expression and Democratic Values CFPApril 2000
James X Dempsey Overview of Criminal Justice Information Systems CFPApril 2000
Communications Privacy In The Digital Age Revitalizing The Federal WiretapLaws To Enhance Privacy Albany Law Journal of Science ampTechnology 1997
Proprietary Data Hard to Protect in Government Bids (with James A Dobkin)Legal Times May 16 1983
Court Reexamines State Federal Utility Regulatory Role (with G PhilipNowak) Legal Times October 24 1983
FERC Limits PURPA Electric Transmission Authority (with G Philip Nowak)Legal Times January 30 1984
Protection of Corporate Secrets in Government Contract Proposals and Bids(with James A Dobkin) 15 Pub Con LJ 46 (1984)
Data privacy ~ Law enforcements access to your information in National
8
Conference on Privacy Technology and Criminal Justice Informationproceedings ofa Bureau of Justice StatisticsSEARCH conference (2001)
Control y Supervision Legislativa del FBI en Estados Unidos in ControlDemocratico en el Mantenimiento de la Seguridad Interior 1998(hardcopy attached)
Control y supervision legislative del FBI en Estados Unidos in Policia ysociedad democratic a 1998 (hardcopy attached)
The Terrors of Counterterrorism The Recorder May 11 1995 (hardcopyattached)
CDr blog entriesA Good Start for the 110th
CDT Blog Jan 102007
A Global Forum on National Issues CDT BIog Nov 62006
A Wake-Up Call for Reform CDT Blog Mar 142007
Admin Cyber-Security Plan Raises Concerns over NSAs Role CDT BIogNov 82007
CTO Aneesh Chopra - A Breath of Fresh Air CDT Blog Aug 6 2009
Congressional Oversight on Privacy and National Security CDT BIogNov 10 2006
Does Targeting Authorize the Vacuum Cleaner CDT Blog June 252008
ICANN US Government Mfirm Private Sector Lead in Domain NameGovernance CDT Blog Sept 302009
Internet Governance The Contribution ofthe IGF CDT Blog July 152010
More Bad News CDT Blog June 9 2006
New Urban Myth The Internet ID Scare CDT BIog Jan 112011
Privacy in the Age of Big Data CDT BIog Aug 20 2009
Progressives Should Embrace Intent Behind Violent Radicalization Bill CDTBlog Dec 14 2007
Supreme Court Holds Stead on Workplace Privacy CDT Blog June 172010
9
The Real Story on Warrantless Surveillance CDT Blog Aug 2 2007
Transparency Privacy and Financial Services Reform CDT Blog April262010
What Do the Twitter Subpoenas Mean CDT Blog Jan 122011
Why the NSA Should Not Lead Cybersecurity Government-Wide CDT BlogApril 21 2009
b Supply four (4) copies of any reports memoranda or policy statements youprepared or contributed in thepreparation of on behalf of any bar associationcommittee conference or organization of which you were or are a member Ifyou do not have a copy of a report memorandum or policy statement give thename and address of the organization that issued it the date of the document anda summary of its subject matter
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
Markle Foundation- Connecting for Health Initiative
Consumers as Network Participants Common Framework for NetworkedPersonal Health Information Connecting for Health Markle Foundation(June 2008)
Overview and Principles Common Framework for Networked Personal HealthInformation Connecting for Health Markle Foundation (June 2008)
Linking Health Care Information Proposed Methods for Improving Care andProtecting Privacy Connecting for Health Markle Foundation (February2005)
Achieving Electronic Connectivity in Healthcare A Roadmap from the NationsPublic and Private Sector Healthcare Leaders Connecting for HealthMarkle Foundation (Fall 2004)
Achieving Electronic Connectivity in Healthcare Summary ofRecommendations Connecting for Health Markle Foundation (July2004)
Achieving Electronic Connectivity in Healthcare A Preliminary Roadmap fromthe Nations Public and Private Sector Healthcare Leaders Connectingfor Health Markle Foundation (July 2004)
10
Markle Foundation-Task Force on National Security in the Information Age
Creating a Trusted Network for Homeland Security Second Report of theMarkle Foundation Task Force Task Force on National Security MarkleFoundation (2003)
Protecting Americas Freedom in the Information Age A Report of the MarkleFoundation Task Force Task Force on National Security MarkleFoundation (October 2002)
CDT Reports-
Intermediary Liability Protecting Internet Platforms for Expression andInnovation Center for Democracy amp Technology (April 2010)
Patriot Act Sunsets Should Prompt Re-Consideration of Anti-Terror PowersAdjustments Needed To Protect Civil Liberties Center for Democracy ampTechnology website content (Sept 162009)
PASS ID Act Addresses Major Privacy Concerns in REAL ID Center forDemocracy amp Technology website content (June 152009)
White House Sets Framework for Cybersecurity Builds in Privacy Center forDetnocracy amp Technology website content (May 29 2009)
Cybersecurity Program Should Be More Transparent Protect Privacy Centerfor Democracy amp Technology website content (March 30 2009)
Domestic Intelligence System Grows without Controls Center for Democracyamp Technology website content (March 192009)
Show Us the Data Most Wanted Federal Documents Report by the Center forDemocracy amp Technology and OpenTheGoverntnentOrg (March 2009)
Investigative Guidelines Cement FBI Role As Domestic Intelligence AgencyRaising New Privacy Challenges Center for Democracy amp Technologywebsite content (October 29 2008)
Online Consumers at Risk and the Role of State Attorneys General Center forAmerican Progress and the Center for Democracy amp Technology (August2008)
Legislation Needed to Correct Widespread Errors in use of National SecurityLetters Center for Democracy amp Technology website content (May 142008)
Governance of Critical Internet Resources What Does Governance Mean
11
What Are Critical Internet Resources Prepared by the Center forDemocracy amp Technology for the Second Internet Governance Forum inRio de Janeiro Brazil (Nov 142007)
Bills Would Strengthen Weaken Surveillance Standards Center for Democracyamp Technology website content (Oct 26 2007)
Federal Appeals Court Holds Email Content Is Constitutionally ProtectedCenter for Democracy amp Technology website content (July 25 2007)
IRS Proposal Could Impact Millions of Internet Users Center for Democracy ampTechnology website content (May 4 2007)
Bill Introduced to Reform FBI Data Demands Center for Democracy ampTechnology website content (March 292007)
The Internet in Transition 2009 and Beyond A Platform to Keep the InternetOpen Innovative and Free Center for Democracy amp Technologywebsite content (Nov 172006) available athttp oldcdtorgelection2008
ICANN Seeks Input on Improving Transparency and Accountability Center forDemocracy amp Technology website content (Nov 172006)
Congress Poised to Consider Dangerous NSA Bills Center for Democracy ampTechnology website content (Sept 25 2006)
FISA Modernization is Dangerous and Premature Center for Democracy ampTechnology website content (Aug 2 2006)
Internet Governance Debate Poses Unique Global Challenges Center forDemocracy amp Technology website content (July 192006)
Court Upholds Imposition of Technical Design Mandates on the InternetCenter for Democracy amp Technology website content (June 132006)
Illegal NSA Data Mining Highlights Need for Congressional Oversight Centerfor Democracy amp Technology website content (May 112006)
President Signs PATRIOT Act Reauthorization Bill Lacking Civil LibertiesProtections Center for Democracy amp Technology website content(March 172006)
Digital Technology Makes Surveillance Easier Requiring Stronger PrivacyLaws Center for Democracy amp Technology website content (Feb 222006)
Congress Begins Deeper Investigation ofNSAs Warrantless Wiretapping
12
Program Center for Democracy amp Technology website content (Feb 142006)
Digital Search amp Seizure Updating Privacy Protections to Keep Pace withTechnology Center for Democracy amp Technology (February 2006)
Congress Needs to Hear About PATRIOT Renewal Center for Democracy ampTechnology website content (Jan 4 2006)
Civil Liberties Crisis Confronts Nation Center for Democracy amp Technologywebsite content (Dec 19 2005)
PATRIOT Act Deal Falls Short on Civil Liberties Checks and Balances Centerfor Democracy amp Technology website content (Dec 122005)
Congressional Revolt Over Civil Liberties PATRIOT Reform Hangs in theBalance Center for Democracy amp Technology website content (Nov 112005)
Federal Appeals Court Reaffirms E-Mail Privacy Protections Center forDemocracy amp Technology website content (Aug 182005)
Civil Liberties at Issue in PATRIOT Act Reauthorization Center forDemocracy amp Technology website content (June 2 2005)
SAFE Act Would Control PATRIOT Powers Center for Democracy ampTechnology website content (April 26 2005)
Federal ID Proposals for US Citizens and Others Grow in Number and ScopeCenter for Democracy amp Technology website content (Jan 182005)
Technologies That Can Protect Privacy as Information is Shared to CombatTerrorism Center for Democracy amp Technology (May 26 2004)
The Internet and Law Enforcement Surveillance Extension of CALEA to theInternet Would Be Unlawful Unnecessary and Unwise Center forDemocracy amp Technology (May 20 2004)
No Design Mandates for Internet CDT Tells FCC Center for Democracy ampTechnology website content (April 28 2004)
Googles GMail Highlights General Privacy Concerns Center for Democracy ampTechnology website content (April 12 2004)
The Internet and Law Enforcement Surveillance Law Enforcement ConcernsCan Be Addressed Without Regulation Which Would Stifle InnovationRaise Costs Risk Security Center for Democracy amp Technology (March192004)
13
GAO Echoes CDT Criticisms of CAPPS II Coalition Calls for HearingsCenter for Democracy amp Technology website content (Feb 26 2004)
Security Holes at DMVs Feed ID Theft Offer Lessons for National ID CardDebate Center for Democracy amp Technology website content (Feb 32004)
Privacys Gap The Largely Non-Existent Legal Framework for GovernmentMining of Commercial Data Center for Democracy amp Technology(May 19 2003)
Part 4 Information Security and Government Policies in InformationTechnology Security Handbook (2003)
The E-Government Handbook for Developing Countries Project ofInfoDevand the Center for Democracy amp Technology (November 2002)
Appeals Court Rules on FCC CALEA Decision Center for Democracy ampTechnology website content (Aug 152000)
Bridging the Digital Divide Internet Access in Central and Eastern EuropeCenter for Democracy amp Technology (2000)
Square Pegs amp Round Holes Applying Campaign Finance Law to the Internet -Risks to Free Expression amp Democratic Values Center for Democracy ampTechnology (October 1999)
Regardless of Frontiers Protecting The Human Right to Freedom ofExpression on the Global Internet Global Internet Liberty Campaign(1998)
GIPI Reports
A Process for Developing Internet Policy The Model of the NationalICTInternet Summit - The Case Study of the Kyrgyz Republic GlobalInternet Policy Initiative (April 2001)
Licensing Options for Internet Service Providers Global Internet PolicyInitiative (June 23 2001 updated Sept 25 2002)
Application of Defamation Laws to the Internet Global Internet PolicyInitiative (October 2001)
14
Flat Rate versus Per Minute Charges for Telephone Service The Relationshipbetween Internet Access and Telephone Tariffs Global Internet PolicyInitiative (Dec 4 2001)
Taxation ofE-Commerce Global Internet Policy Initiative (December 2001)
Voice-over-IP The Future of Communications Global Internet Policy Initiative(April 29 2002)
Best Practices for Telecommunications Reform Global Internet PolicyInitiative (May 2002)
The Keys to the Back Office Building a Legal and Policy Framework to AttractIT-Enabled Outsourcing Global Internet Policy Initiative (May 2002)
Redelegation of Country Code Top Level Domains Global Internet PolicyInitiative (February 2003)
Trust And Security In Cyberspace The Legal And Policy Framework forAddressing Cybercrime Global Internet Policy Initiative (September2005)
Privacy and E-Government Privacy Impact Assessments and PrivacyCommissioners -Two Mechanisms for Protecting Privacy to PromoteCitizen Trust Online Global Internet Policy Initiative (May 12003)
Copyright and the Internet Building National Legislative Frameworks Based onInternational Copyright Law Olena Dmytrenko and James X DempseyGlobal Internet Policy Initiative (December 2004)
The Regulatory Framework for E-Commerce -International LegislativePractice Global Internet Policy Initiative (May 21 2002)
Creating the Legal Framework for ICT Development The Example ofE-Signature Legislation in Emerging Market Economies James XDempsey Global Internet Policy Initiative (2003)
The International Legal Framework for Data Protection and Its Transposition toDeveloping and Transitional Countries Global Internet Policy Initiative(Dec 28 2004)
Management of ccTLDs by Member States ofthe European Union GlobalInternet Policy Initiative (Oct 26 2002)
Building Local E-Government through Public-Private Partnerships ConferenceConclusions Conference on E-Government in Romania Global InternetPolicy Initiative (2005)
15
Additionally I managed all web content for the Global Internet Policy Initiativeavailable at httpwwwinternetpolicynet
c Supply four (4) copies of any testimony official statements or othercommunications relating in whole or in part to matters of public policy or legalinterpretation that you have issued or provided or that others presented on yourbehalf to public bodies or public officials
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
TestimonyTestimony before the Senate Judiciary Committee on The Electronic
Communications Privacy Act Promoting Security and Protecting Privacyin the Digital Age Sept 22 2010
Testimony before the House Judiciary Committee Subcommittee on theConstitution Civil Rights and Civil Liberties on ElectronicCommunications Privacy Act Reform May 52010
Testimony before the House Intelligence Committee on FISA and the ProtectAmerica Act Sept 182007
Testimony before the Senate Judiciary Committee on FISA and the ProtectAmerica Act Sept 25 2007
Testimony before the House Intelligence Committee on National Security LettersMar 28 2007
Testimony before the Presidents Privacy and Civil Liberties Oversight Board onPrivacy and Information Sharing for Counterterrorism Dec 52006
Testimony before the House Committee on the Judiciary Subcommittee onCrime Terrorism and Homeland Security on Updating FISA Sept 62006
Testimony before the Senate Judiciary Committee on Modernization of theForeign Intelligence Surveillance Act July 26 2006
Testimony before the House Intelligence Committee on Modernization of theForeign Intelligence Surveillance Act (FISA) July 192006
Testimony before the House Committee on Homeland Security Subcommittee on
16
Economic Security Infrastructure Protection and Cybersecurity onImproving Pre-Screening of Aviation Passengers against Terrorist andOther Watch Lists June 29 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act May 24 2005
Testimony before the House Permanent Select Committee on Intelligence on thePATRIOT Act May 112005
Testimony before the Senate Committee on the Judiciary on the PATRIOT ActMay 102005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Oversight Hearing on Implementation of the USAPATRIOT Act Section 212 May 5 2005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Implementation of the USA PATRIOT ActSections of the Act that Address Crime Terrorism and the Age ofTechnology April 21 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act April 19 2005
Testimony before the Senate Committee on the Judiciary on Securing ElectronicPersonal Data Striking a Balance Between Privacy and Commercial andGovernmental Use April 13 2005
Testimony before the Subcommittee on Telecommunications and the InternetHouse Committee on Energy and Commerce on Law Enforcement Accessto Communications Systems in a Digital Age Sept 8 2004
Testimony before the House Committee on Government Reform on Moving fromNeed to Know to Need to Share A Review ofthe 9-11 CommissionsRecommendations Aug 32004
Testimony before the Senate Committee on Commerce Science andTransportation on S 2281 The VOIP Regulatory Freedom Act of 2004June 16 2004
Testimony before the House Committee on the Judiciary Subcommittee onCommercial and Administrative Law on Privacy in the Hands of theGovernment The Privacy Officer for the Department of HomelandSecurity Feb 102004
Testimony before the Senate Committee on the Judiciary on America after 911Freedom Preserved or Freedom Lost Nov 182003
17
Testimony before the Subcommittee on Commercial and Administrative Law andthe Subcommittee on the Constitution of the House Judiciary Committeeon The Defense of Privacy Act and Privacy in the Hands of theGovernment July 22 2003
Testimony before the House Committee on the Judiciary Subcommittee on theConstitution on Anti-Terrorism Investigations and the Fourth AmendmentAfter September 11 Where and When Can the Government Go to PreventTerrorist Attacks May 202003
Testimony before the Subcommittee on Government Efficiency FinancialManagement and Intergovernmental Relations and the Subcommittee forTechnology and Procurement Policy of the House Committee onGovernment Reform on HR 3844 the Federal Information SecurityReform Act of 2002 May 2 2002
Testimony before the House Committee on the Judiciary Forum on NationalSecurity and the Constitution on the Nations Counter-Terrorism Programsand their Implications for Civil Liberties Jan 24 2002
Testimony before the House Committee on the Judiciary on Legislative Measuresto Improve Americas Counter-Terrorism Programs Sept 24 2001
Testimony before the House Subcommittee on the Constitution on privacylegislation Sept 6 2000
Testimony before the Senate Judiciary Committee on Carnivore Sept 62000
Testimony before the Senate Judiciary Committee on Internet Security andPrivacy May 25 2000
Testimony before the House Judiciary Subcommittee on the Constitution on TheFourth Amendment and the Internet April 6 2000
Testimony before the Subcommittee on Crime of the House Judiciary Committeeand the Subcommittee on Criminal Justice Oversight of the SenateJudiciary Committee on Internet Denial of Service Attacks and the FederalResponse Feb 29 2000
Testimony before the Commerce Committee on the Wireless PrivacyEnhancement Act of 1999 and the Wireless Communications and PublicSafety Enhancement Act of 1999 Feb 3 1999
Testimony before the House Committee on the Judiciary Subcommittee on Crimeon CALEA Implementation Oct 23 1997
18
Other CommunicationsComments of the Center for Democracy amp Technology regarding Cybersecurity
Innovation and the Internet Economy Docket No 100721305-0305-01before the US Department of Commerce September 202010
Comments of the Center for Democracy amp Technology regarding the Frameworkfor Broadband Internet Service GN Docket No 10-127 before theFederal Communications Commission July 152010
Comments of the Center for Democracy amp Technology regarding the Notice ofInquiry regarding the Assessment of the Transition of the TechnicalCoordination and Management of the Internets Domain Name andAddressing System before The National Telecommunications andInformation Administration within the US Department of CommerceJune 82009
Comments of the Center for Democracy amp Technology regarding TheContinued Transition of the Technical Coordination and Management ofthe Internets Domain Name and Addressing System Midterm Review ofthe Joint Project Agreement before The National Telecommunicationsand Information Administration within the US Department ofCommerce January 25 2008
Joint comments on the Petition for Expedited Rulemaking to Establish TechnicalRequirements and Standards Pursuant to Section 107 (b) of theCommunications Assistance for Law Enforcement Act before theFederal Communications Commission July 25 2007
Reply Comments by Industry and Public Interest Commenters in support of thePetition for Reconsideration and Clarification of the CALEAApplicability Order filed by the United States Telecom Association ETDocket No 04-295 before the Federal Communications CommissionJanuary 30 2006
Comments in support of the Petition for Reconsideration and Clarification of theCALEA Applicability Order ET Docket No 04-295 before the FederalCommunications Commission December 302005
Request for stay pending issuance of subsequent orders and for stay pendingjudicial review regarding the Communications Assistance for LawEnforcement Act and Broadband Access and Services ET Docket No 04-295 before the Federal Communications Commission November 232005
Joint Comments to the further notice of proposed rulemaking regarding the
19
Communications Assistance for Law Enforcement Act and BroadbandAccess and Services ET Docket No 04-295 before the FederalCommunications Commission November 142005
Bipartisan Working Group of Former Government Officials RecommendationsRegarding the Expiring Provisions ofthe Patriot Act July 172005
Letter to the Honorable John Sununu regarding Voice over Internet Protocol(VOIP) serves June 21 2004
Letter to Senator Akaka from the Center for Democracy amp Technology ACLUand the Electronic Privacy Information Center (EPIC) regarding datamining May 26 2004
Reply Comments of the Center for Democracy amp Technology regarding the JointPetition for Rulemaking to Resolve Various Outstanding IssuesConcerning the Implementation of the Communications Assistance forLaw Enforcement Act before the Federal Communications CommissionApril 27 2004
Letter to the Honorable Don Young and the Honorable James Oberstar regardingthe Transportation Security Administrations Computer AssistedPassenger Pre screening System (CAPPS II) February 172004
Comments ofthe Center for Democracy amp Technology on the Notice of Status ofSystem Records Interim Final Notice 68 Fed Reg 45265-01 (Aug 12003) Docket No DHSTSA-2003-01 September 302003
Comments on TSA s proposed Aviation Security Screening Records System 68Fed Reg 2101 (Jan 152003) Feb 242003
Comments on the Petition of the Cellular Telecommunications IndustryAssociation for a Rulemaking to Establish Fair Location InformationPractices before the Federal Communications Commission April 62001
Comments of the Center for Democracy amp Technology on the Council of EuropeDraft Convention on Cyber-crime Draft No 25 before the Council ofEurope and the US Department of Justice February 6 2001
Reply Comments of the Center for Democracy amp Technology regarding theCommunications Assistance for Law Enforcement Act CC Docket No97-213 before the Federal Communications Commission January 271999
Comments of the Center for Democracy and Technology on the CommunicationsAssistance for Law Enforcement Act CC Docket No 97-213 before theFederal Communications Commission May 20 1998
20
Comments ofthe Center for Democracy and Technology regarding theCommunications Assistance for Law Enforcement Act Extension ofOctober 1998 Compliance Date CC Docket No 97-213 before theFederal Communications Commission April 2 1998
d Supply four (4) copies transcripts or recordings of all speeches or talks deliveredby you including commencement speeches remarks lectures panel discussionsconferences political speeches and question-and-answer sessions Include thedate and place where they were delivered and readily available press reportsabout the speech or talk If you do not have a copy of the speech or a transcript orrecording of your remarks give the name and address of the group before whomthe speech was given the date of the speech and a summary of its subject matterIf you did not speak from a prepared text furnish a copy of any outline or notesfrom which you spoke
The list below consists of speeches or talks identified from my recollection frommy files and from search ofInternet databases Despite my searches there maybe other speeches or talks I have been unable to identifY find or remember
February 8 or 9 1994 - spoke on a panel about criminal history records at theNational Conference on Criminal History Records Brady and Beyondorganized by the Bureau of Justice Statistics US Department of JusticeConstitution Ave NW Washington DC and SEARCH 7311 Greenhaven DriveSuite 145 Sacramento California 95831
August 3 1994 - spoke on a panel about gang databases at the InternationalSymposium Criminal Justice Information Systems and Technology Buildingthe Infrastructure organized by SEARCH 7311 Greenhaven Drive Suite 145Sacramento California 95831
October 7 1998 - Presentation on Protecting the Human Right to Freedom ofExpression on the Global Internet made at the conference on the Public Voice inthe Development of Internet Policy Ottawa Canada organized by the ElectronicPrivacy Information Center 1718 Connecticut Ave NW Suite 200 WashingtonDC 20009 httpthepublicvoiceorgeventsottawa98defaulthtml (PowerPointattached - hardcopy)
April 2001 - Global Internet Policy initiative Promoting the Development of theInternet through Legal and Policy Reform Almaty Kazakhstan sponsored by theOpen Society Institute IlIA Zhe1toksan St Office 9 Almaty 050000 Kazakhstan(PowerPoint attached - hardcopy)
June 2001 - presented on Content Controls Freedom of Expression and ISPLiability on the Internet and Internet Policy Overview The legal and
21
Regulatory Framework Enabling Development of the Internet at the AdvancedNetwork Workshop Stockholm Sweden sponsored by the Internet Society 1775Wiehle Avenue Suite 201 Reston VA (PowerPoints (2) submittedelectronically)
July 2001 - Internet and Democracy The Legal and Regulatory Frameworkpresentation at the National Foreign Affairs Training Center US Department ofState 2201 CSt NW Washington DC (PowerPoint submitted electronically)
July 2001 - spoke about Internet Policy Overview The Legal and RegulatoryFramework Enabling Development of the Internet as an Engine of EconomicGrowth at a telecommunications regulatory study tour training sessionsponsored by the US Telecommunications Training Institute 1150 ConnecticutAve NW Washington DC (PowerPoint submitted electronically)
April 2002 - spoke about Overview of Internet legislation The Legal andRegulatory Framework for Development of the Internet - Global Perspective inTashkent Uzbekistan organized by the Global Internet Policy Initiative-UZ 31Kamo1 Jalilov Street Tashkent and the United national Development ProgrammeOne United Nations Plaza New York NY 10017 (PowerPoint submittedelectronically)
June 18 2002 - Tutorial Legal and Regulatory Issues A Primer - ConsumerPrivacy Overview and Government Surveillance INET 02 sponsored by theInternet Society 1775 Wiehle Avenue Suite 201 Reston VA20190-5108 USA (PowerPoints (3) submitted electronically)
October 2002 - I am submitting electronically a PowerPoint dated October 2002on the subject Internet Policy Overview The Legal and Regulatory FrameworkEnabling Development ofthe Internet as an Engine of Economic Growth - basedon a review of my records I cannot determine whether I actually gave such apresentation in October 2002 let alone where
April 21 2003 - I am submitting electronically a PowerPoint dated April 212003 on the subject Privacy Overview - based on a review of my records Icannot determine whether I actually gave such a presentation in April 2003 letalone where
June 27 2003 - The Legal and Regulatory Framework Enabling Development ofthe Internet as an Engine of Economic Growth and DemocratizationUNITARIINTEL Seminar 2 United Nations Plaza New York City (PowerPointsubmitted electronically)
September 8 2003 - Protecting Privacy and Freedom of Communication in theFight against Cybercrime Southeast Europe Cybersecurity Conference in SofiaBulgaria sponsored by the United States Government Department of State 2201C Street NW Washington DC and the Government of Bulgariahttpwwwcybersecuritycooperationorg (PowerPoint submitted electronically)
22
March 72004 - spoke at a workshop in Washington DC entitled CivilLiberties The Patriot Act The Toll on Our Rights convened by the NationalCouncil of Jewish Womens Washington Institute in Washington DC 1707 LStreet NW Suite 950 Washington DC 20036-4206
March 10 2004 - spoke on CALEA and VoIP at a brown bag lunch meeting ofthe DC Bars Computer and Telecommunications Law Section 1101 K StreetNW Suite 200 Washington DC
May 11 2004 - spoke about CALEA at a VoIP conference in Reston VAorganized by Law Seminars International 800 Fifth Avenue Suite 101 SeattleWA 98104
May 18 2004 - participated in a panel discussion on Internet governance at theMicrosoft Government Leaders Forum One Microsoft Way Redmond WA inSeattle Washington
June 4 2004 - spoke about Human Rights and the War on Terrorism at the USForeign Policy Colloquium sponsored by the National Committee on UnitedStates- China Relations 71 West 23rd Street Suite 1901 New York NY 10010-4102 (PowerPoint attached - hardcopy)
June 18 2004 - spoke on a panel on Government Surveillance Civil Libertiesand the War on Terror at the National Convention of the American ConstitutionSociety 1333 H Street NW 11th Floor Washington DC
July 2004 - Internet and Democracy The Legal and Regulatory FrameworkEnabling Development of the Internet as an Engine of Economic Growth andDemocratization presentation at National Foreign Affairs Training Center USDepartment of State 2201 C 81 NW Washington DC (PowerPoints (2)submitted electronically)
September 16 2004 - spoke on cybersecurity issues at the Academy forEducational Development 1825 Connecticut Ave NW Washington DC 20009-5721 as part of the DOT-COMInterAction Speaker Series Cyber-SecurityIssues in International Development Environments (PowerPoint submittedelectronically and handwritten notes attached in hardcopy
September 30 2004 - moderated a panel on Government Industry and Securityat the Privacy and National Security Forum in Washington DC sponsored by theInternational Association of Privacy Professionals 75 Rochester Ave Suite 4Portsmouth NH 03801 USA
October 62004 - presentation on The Patriot Act Civil Liberties and the War onTerrorism at LocationOne 26 Greene Street New York New York 10013
23
October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
24
May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
27
May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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5
Industry Advisory Board for the National Counter-Terrorism Center (2005 -2006)
Transportation Security Administration Secure Flight Working Group (2005)
Conference on Computers Freedom and Privacy sponsored by AOL theAssociation for Computing Machinery and other for profit and non-profitorganizations Program Committee (2007)
California Identity Theft Summit sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation Advisory Committee (2007)
California e-Prescribing Task Force sponsored by the California HealthCareFoundation (2008 - 2009)
State of California Terrorism Threat Assessment Advisory Group CaliforniaOffice of Homeland Security (2008 - present)
DARPA Privacy Panel (2010 - present)
Janney School Washington DC PTA Vice President (1997- 1999)
Maret School Washington DC Auction committee (2003-2005)
Urban School San Francisco CA Auction committee (2008)
From around 1989 to 2005 I attended and made contributions to S1ColumbasChurch in Washington DC From late 2005 or early 2006 to 2009 I attended andmade contributions to St Aidans Church in San Francisco where I served on thestewardship committee for about a year and a half between 2007 and 2009 Ihave more recently attended and made contributions to Trinity Church in SanFrancisco
I have made fmancial contributions to charitable organizations over the years Ihave not included in the list above any organizations to which I gave funds anddid not otherwise participate in programmatic activities although the organizationmay label me a member
b Indicate whether any of these organizations listed in response to lla abovecurrently discriminate or formerly discriminated on the basis of race sex religionor national origin either through formal membership requirements or the practicalimplementation of membership policies If so describe any action you have takento change these policies and practices
6
None of the organizations I listed in response to 1la above to my knowledgecurrently discriminate or formerly discriminated on the basis of race sex orreligion either through formal membership requirements or the practicalimplementation of membership policies
12 Published Writings and Public Statements
a List the titles publishers and dates of books articles reports letters to the editoreditorial pieces or other published material you have written or edited includingmaterial published only on the Internet Supply four (4) copies of all publishedmaterial to the Committee
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
PublicationslBooksDeirdre K Mulligan and Jim Dempsey Internet Can Be a Big Benefit for
Democracy San Francisco Chronicle (op-ed) July 4 2010
Deven McGraw James X Dempsey Leslie Harris and Janlori Goldman PrivacyAs An Enabler Not An Impediment Building Trust Into HealthInformation Exchange Health Affairs Vol 28 no 2 (2009)
Digital Search amp Seizure Updating Privacy Protections To Keep Pace WithTechnology article reprinted in course handbook for the Privacy andSecurity Law Institute 2008 (PLI June 2008 and June 2009)
Federal Computer Security Initiative Welcome but Too Secretive Forbesonline May 13 2008
The Internet at Risk The Need for Higher Education Advocacy EDUCAUSEReview Vol 42 No6 NovemberlDecember 2007
James X Dempsey and Ira Rubinstein Lawyers and Technologists Joined at theHip Guest Editors Introduction to IEEE Security and PrivacyMagazine Vol 4 Issue 3 (MayJune 2006)
James X Dempsey and Lara M Flint Commercial Data and National SecurityThe George Washington Law Review Vol 72 Number 6 (August 2004)
What E-Government Means for Those of Us Who Cannot Type LocalGovernment Brief Winter 2003 p 22
Civil Liberties in a Time of Crisis Journal of the National Council of JewishWomen Winter 20012002 (typescript submitted in hardcopy)
7
James X Dempsey and David Cole Terrorism and the Constitution (New Press3rd ed 2006)
Essays on PATRIOT Act provisions in Patriot Debates Experts Debate theUSA PATRIOT Act Stewart A Baker and John Kavanagh editors(published by the American Bar Association Standing Committee on Lawand National Security June 2005)
James X Dempsey Civil Liberties in a Time of Crisis Human Rights Winter2002
James X Dempsey Freedom of Expression in the IT Era User Empowermentedited transcript of a speech to the IPI World Congress and 50th GeneralAssembly (January 2001)
James X Dempsey and Martin L Stem Disconnect the FBI Wiretap PlanLegal Times June 15 1998
Michael J ONeil and James X Dempsey 2000 DePaul Business Law JournalCritical Infrastructure Protection Threats To Privacy And Other CivilLiberties And Concerns With Government Mandates On Industry
Deirdre Mulligan and James X Dempsey Applying Campaign Finance Law tothe Internet - Risks to Free Expression and Democratic Values CFPApril 2000
James X Dempsey Overview of Criminal Justice Information Systems CFPApril 2000
Communications Privacy In The Digital Age Revitalizing The Federal WiretapLaws To Enhance Privacy Albany Law Journal of Science ampTechnology 1997
Proprietary Data Hard to Protect in Government Bids (with James A Dobkin)Legal Times May 16 1983
Court Reexamines State Federal Utility Regulatory Role (with G PhilipNowak) Legal Times October 24 1983
FERC Limits PURPA Electric Transmission Authority (with G Philip Nowak)Legal Times January 30 1984
Protection of Corporate Secrets in Government Contract Proposals and Bids(with James A Dobkin) 15 Pub Con LJ 46 (1984)
Data privacy ~ Law enforcements access to your information in National
8
Conference on Privacy Technology and Criminal Justice Informationproceedings ofa Bureau of Justice StatisticsSEARCH conference (2001)
Control y Supervision Legislativa del FBI en Estados Unidos in ControlDemocratico en el Mantenimiento de la Seguridad Interior 1998(hardcopy attached)
Control y supervision legislative del FBI en Estados Unidos in Policia ysociedad democratic a 1998 (hardcopy attached)
The Terrors of Counterterrorism The Recorder May 11 1995 (hardcopyattached)
CDr blog entriesA Good Start for the 110th
CDT Blog Jan 102007
A Global Forum on National Issues CDT BIog Nov 62006
A Wake-Up Call for Reform CDT Blog Mar 142007
Admin Cyber-Security Plan Raises Concerns over NSAs Role CDT BIogNov 82007
CTO Aneesh Chopra - A Breath of Fresh Air CDT Blog Aug 6 2009
Congressional Oversight on Privacy and National Security CDT BIogNov 10 2006
Does Targeting Authorize the Vacuum Cleaner CDT Blog June 252008
ICANN US Government Mfirm Private Sector Lead in Domain NameGovernance CDT Blog Sept 302009
Internet Governance The Contribution ofthe IGF CDT Blog July 152010
More Bad News CDT Blog June 9 2006
New Urban Myth The Internet ID Scare CDT BIog Jan 112011
Privacy in the Age of Big Data CDT BIog Aug 20 2009
Progressives Should Embrace Intent Behind Violent Radicalization Bill CDTBlog Dec 14 2007
Supreme Court Holds Stead on Workplace Privacy CDT Blog June 172010
9
The Real Story on Warrantless Surveillance CDT Blog Aug 2 2007
Transparency Privacy and Financial Services Reform CDT Blog April262010
What Do the Twitter Subpoenas Mean CDT Blog Jan 122011
Why the NSA Should Not Lead Cybersecurity Government-Wide CDT BlogApril 21 2009
b Supply four (4) copies of any reports memoranda or policy statements youprepared or contributed in thepreparation of on behalf of any bar associationcommittee conference or organization of which you were or are a member Ifyou do not have a copy of a report memorandum or policy statement give thename and address of the organization that issued it the date of the document anda summary of its subject matter
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
Markle Foundation- Connecting for Health Initiative
Consumers as Network Participants Common Framework for NetworkedPersonal Health Information Connecting for Health Markle Foundation(June 2008)
Overview and Principles Common Framework for Networked Personal HealthInformation Connecting for Health Markle Foundation (June 2008)
Linking Health Care Information Proposed Methods for Improving Care andProtecting Privacy Connecting for Health Markle Foundation (February2005)
Achieving Electronic Connectivity in Healthcare A Roadmap from the NationsPublic and Private Sector Healthcare Leaders Connecting for HealthMarkle Foundation (Fall 2004)
Achieving Electronic Connectivity in Healthcare Summary ofRecommendations Connecting for Health Markle Foundation (July2004)
Achieving Electronic Connectivity in Healthcare A Preliminary Roadmap fromthe Nations Public and Private Sector Healthcare Leaders Connectingfor Health Markle Foundation (July 2004)
10
Markle Foundation-Task Force on National Security in the Information Age
Creating a Trusted Network for Homeland Security Second Report of theMarkle Foundation Task Force Task Force on National Security MarkleFoundation (2003)
Protecting Americas Freedom in the Information Age A Report of the MarkleFoundation Task Force Task Force on National Security MarkleFoundation (October 2002)
CDT Reports-
Intermediary Liability Protecting Internet Platforms for Expression andInnovation Center for Democracy amp Technology (April 2010)
Patriot Act Sunsets Should Prompt Re-Consideration of Anti-Terror PowersAdjustments Needed To Protect Civil Liberties Center for Democracy ampTechnology website content (Sept 162009)
PASS ID Act Addresses Major Privacy Concerns in REAL ID Center forDemocracy amp Technology website content (June 152009)
White House Sets Framework for Cybersecurity Builds in Privacy Center forDetnocracy amp Technology website content (May 29 2009)
Cybersecurity Program Should Be More Transparent Protect Privacy Centerfor Democracy amp Technology website content (March 30 2009)
Domestic Intelligence System Grows without Controls Center for Democracyamp Technology website content (March 192009)
Show Us the Data Most Wanted Federal Documents Report by the Center forDemocracy amp Technology and OpenTheGoverntnentOrg (March 2009)
Investigative Guidelines Cement FBI Role As Domestic Intelligence AgencyRaising New Privacy Challenges Center for Democracy amp Technologywebsite content (October 29 2008)
Online Consumers at Risk and the Role of State Attorneys General Center forAmerican Progress and the Center for Democracy amp Technology (August2008)
Legislation Needed to Correct Widespread Errors in use of National SecurityLetters Center for Democracy amp Technology website content (May 142008)
Governance of Critical Internet Resources What Does Governance Mean
11
What Are Critical Internet Resources Prepared by the Center forDemocracy amp Technology for the Second Internet Governance Forum inRio de Janeiro Brazil (Nov 142007)
Bills Would Strengthen Weaken Surveillance Standards Center for Democracyamp Technology website content (Oct 26 2007)
Federal Appeals Court Holds Email Content Is Constitutionally ProtectedCenter for Democracy amp Technology website content (July 25 2007)
IRS Proposal Could Impact Millions of Internet Users Center for Democracy ampTechnology website content (May 4 2007)
Bill Introduced to Reform FBI Data Demands Center for Democracy ampTechnology website content (March 292007)
The Internet in Transition 2009 and Beyond A Platform to Keep the InternetOpen Innovative and Free Center for Democracy amp Technologywebsite content (Nov 172006) available athttp oldcdtorgelection2008
ICANN Seeks Input on Improving Transparency and Accountability Center forDemocracy amp Technology website content (Nov 172006)
Congress Poised to Consider Dangerous NSA Bills Center for Democracy ampTechnology website content (Sept 25 2006)
FISA Modernization is Dangerous and Premature Center for Democracy ampTechnology website content (Aug 2 2006)
Internet Governance Debate Poses Unique Global Challenges Center forDemocracy amp Technology website content (July 192006)
Court Upholds Imposition of Technical Design Mandates on the InternetCenter for Democracy amp Technology website content (June 132006)
Illegal NSA Data Mining Highlights Need for Congressional Oversight Centerfor Democracy amp Technology website content (May 112006)
President Signs PATRIOT Act Reauthorization Bill Lacking Civil LibertiesProtections Center for Democracy amp Technology website content(March 172006)
Digital Technology Makes Surveillance Easier Requiring Stronger PrivacyLaws Center for Democracy amp Technology website content (Feb 222006)
Congress Begins Deeper Investigation ofNSAs Warrantless Wiretapping
12
Program Center for Democracy amp Technology website content (Feb 142006)
Digital Search amp Seizure Updating Privacy Protections to Keep Pace withTechnology Center for Democracy amp Technology (February 2006)
Congress Needs to Hear About PATRIOT Renewal Center for Democracy ampTechnology website content (Jan 4 2006)
Civil Liberties Crisis Confronts Nation Center for Democracy amp Technologywebsite content (Dec 19 2005)
PATRIOT Act Deal Falls Short on Civil Liberties Checks and Balances Centerfor Democracy amp Technology website content (Dec 122005)
Congressional Revolt Over Civil Liberties PATRIOT Reform Hangs in theBalance Center for Democracy amp Technology website content (Nov 112005)
Federal Appeals Court Reaffirms E-Mail Privacy Protections Center forDemocracy amp Technology website content (Aug 182005)
Civil Liberties at Issue in PATRIOT Act Reauthorization Center forDemocracy amp Technology website content (June 2 2005)
SAFE Act Would Control PATRIOT Powers Center for Democracy ampTechnology website content (April 26 2005)
Federal ID Proposals for US Citizens and Others Grow in Number and ScopeCenter for Democracy amp Technology website content (Jan 182005)
Technologies That Can Protect Privacy as Information is Shared to CombatTerrorism Center for Democracy amp Technology (May 26 2004)
The Internet and Law Enforcement Surveillance Extension of CALEA to theInternet Would Be Unlawful Unnecessary and Unwise Center forDemocracy amp Technology (May 20 2004)
No Design Mandates for Internet CDT Tells FCC Center for Democracy ampTechnology website content (April 28 2004)
Googles GMail Highlights General Privacy Concerns Center for Democracy ampTechnology website content (April 12 2004)
The Internet and Law Enforcement Surveillance Law Enforcement ConcernsCan Be Addressed Without Regulation Which Would Stifle InnovationRaise Costs Risk Security Center for Democracy amp Technology (March192004)
13
GAO Echoes CDT Criticisms of CAPPS II Coalition Calls for HearingsCenter for Democracy amp Technology website content (Feb 26 2004)
Security Holes at DMVs Feed ID Theft Offer Lessons for National ID CardDebate Center for Democracy amp Technology website content (Feb 32004)
Privacys Gap The Largely Non-Existent Legal Framework for GovernmentMining of Commercial Data Center for Democracy amp Technology(May 19 2003)
Part 4 Information Security and Government Policies in InformationTechnology Security Handbook (2003)
The E-Government Handbook for Developing Countries Project ofInfoDevand the Center for Democracy amp Technology (November 2002)
Appeals Court Rules on FCC CALEA Decision Center for Democracy ampTechnology website content (Aug 152000)
Bridging the Digital Divide Internet Access in Central and Eastern EuropeCenter for Democracy amp Technology (2000)
Square Pegs amp Round Holes Applying Campaign Finance Law to the Internet -Risks to Free Expression amp Democratic Values Center for Democracy ampTechnology (October 1999)
Regardless of Frontiers Protecting The Human Right to Freedom ofExpression on the Global Internet Global Internet Liberty Campaign(1998)
GIPI Reports
A Process for Developing Internet Policy The Model of the NationalICTInternet Summit - The Case Study of the Kyrgyz Republic GlobalInternet Policy Initiative (April 2001)
Licensing Options for Internet Service Providers Global Internet PolicyInitiative (June 23 2001 updated Sept 25 2002)
Application of Defamation Laws to the Internet Global Internet PolicyInitiative (October 2001)
14
Flat Rate versus Per Minute Charges for Telephone Service The Relationshipbetween Internet Access and Telephone Tariffs Global Internet PolicyInitiative (Dec 4 2001)
Taxation ofE-Commerce Global Internet Policy Initiative (December 2001)
Voice-over-IP The Future of Communications Global Internet Policy Initiative(April 29 2002)
Best Practices for Telecommunications Reform Global Internet PolicyInitiative (May 2002)
The Keys to the Back Office Building a Legal and Policy Framework to AttractIT-Enabled Outsourcing Global Internet Policy Initiative (May 2002)
Redelegation of Country Code Top Level Domains Global Internet PolicyInitiative (February 2003)
Trust And Security In Cyberspace The Legal And Policy Framework forAddressing Cybercrime Global Internet Policy Initiative (September2005)
Privacy and E-Government Privacy Impact Assessments and PrivacyCommissioners -Two Mechanisms for Protecting Privacy to PromoteCitizen Trust Online Global Internet Policy Initiative (May 12003)
Copyright and the Internet Building National Legislative Frameworks Based onInternational Copyright Law Olena Dmytrenko and James X DempseyGlobal Internet Policy Initiative (December 2004)
The Regulatory Framework for E-Commerce -International LegislativePractice Global Internet Policy Initiative (May 21 2002)
Creating the Legal Framework for ICT Development The Example ofE-Signature Legislation in Emerging Market Economies James XDempsey Global Internet Policy Initiative (2003)
The International Legal Framework for Data Protection and Its Transposition toDeveloping and Transitional Countries Global Internet Policy Initiative(Dec 28 2004)
Management of ccTLDs by Member States ofthe European Union GlobalInternet Policy Initiative (Oct 26 2002)
Building Local E-Government through Public-Private Partnerships ConferenceConclusions Conference on E-Government in Romania Global InternetPolicy Initiative (2005)
15
Additionally I managed all web content for the Global Internet Policy Initiativeavailable at httpwwwinternetpolicynet
c Supply four (4) copies of any testimony official statements or othercommunications relating in whole or in part to matters of public policy or legalinterpretation that you have issued or provided or that others presented on yourbehalf to public bodies or public officials
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
TestimonyTestimony before the Senate Judiciary Committee on The Electronic
Communications Privacy Act Promoting Security and Protecting Privacyin the Digital Age Sept 22 2010
Testimony before the House Judiciary Committee Subcommittee on theConstitution Civil Rights and Civil Liberties on ElectronicCommunications Privacy Act Reform May 52010
Testimony before the House Intelligence Committee on FISA and the ProtectAmerica Act Sept 182007
Testimony before the Senate Judiciary Committee on FISA and the ProtectAmerica Act Sept 25 2007
Testimony before the House Intelligence Committee on National Security LettersMar 28 2007
Testimony before the Presidents Privacy and Civil Liberties Oversight Board onPrivacy and Information Sharing for Counterterrorism Dec 52006
Testimony before the House Committee on the Judiciary Subcommittee onCrime Terrorism and Homeland Security on Updating FISA Sept 62006
Testimony before the Senate Judiciary Committee on Modernization of theForeign Intelligence Surveillance Act July 26 2006
Testimony before the House Intelligence Committee on Modernization of theForeign Intelligence Surveillance Act (FISA) July 192006
Testimony before the House Committee on Homeland Security Subcommittee on
16
Economic Security Infrastructure Protection and Cybersecurity onImproving Pre-Screening of Aviation Passengers against Terrorist andOther Watch Lists June 29 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act May 24 2005
Testimony before the House Permanent Select Committee on Intelligence on thePATRIOT Act May 112005
Testimony before the Senate Committee on the Judiciary on the PATRIOT ActMay 102005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Oversight Hearing on Implementation of the USAPATRIOT Act Section 212 May 5 2005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Implementation of the USA PATRIOT ActSections of the Act that Address Crime Terrorism and the Age ofTechnology April 21 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act April 19 2005
Testimony before the Senate Committee on the Judiciary on Securing ElectronicPersonal Data Striking a Balance Between Privacy and Commercial andGovernmental Use April 13 2005
Testimony before the Subcommittee on Telecommunications and the InternetHouse Committee on Energy and Commerce on Law Enforcement Accessto Communications Systems in a Digital Age Sept 8 2004
Testimony before the House Committee on Government Reform on Moving fromNeed to Know to Need to Share A Review ofthe 9-11 CommissionsRecommendations Aug 32004
Testimony before the Senate Committee on Commerce Science andTransportation on S 2281 The VOIP Regulatory Freedom Act of 2004June 16 2004
Testimony before the House Committee on the Judiciary Subcommittee onCommercial and Administrative Law on Privacy in the Hands of theGovernment The Privacy Officer for the Department of HomelandSecurity Feb 102004
Testimony before the Senate Committee on the Judiciary on America after 911Freedom Preserved or Freedom Lost Nov 182003
17
Testimony before the Subcommittee on Commercial and Administrative Law andthe Subcommittee on the Constitution of the House Judiciary Committeeon The Defense of Privacy Act and Privacy in the Hands of theGovernment July 22 2003
Testimony before the House Committee on the Judiciary Subcommittee on theConstitution on Anti-Terrorism Investigations and the Fourth AmendmentAfter September 11 Where and When Can the Government Go to PreventTerrorist Attacks May 202003
Testimony before the Subcommittee on Government Efficiency FinancialManagement and Intergovernmental Relations and the Subcommittee forTechnology and Procurement Policy of the House Committee onGovernment Reform on HR 3844 the Federal Information SecurityReform Act of 2002 May 2 2002
Testimony before the House Committee on the Judiciary Forum on NationalSecurity and the Constitution on the Nations Counter-Terrorism Programsand their Implications for Civil Liberties Jan 24 2002
Testimony before the House Committee on the Judiciary on Legislative Measuresto Improve Americas Counter-Terrorism Programs Sept 24 2001
Testimony before the House Subcommittee on the Constitution on privacylegislation Sept 6 2000
Testimony before the Senate Judiciary Committee on Carnivore Sept 62000
Testimony before the Senate Judiciary Committee on Internet Security andPrivacy May 25 2000
Testimony before the House Judiciary Subcommittee on the Constitution on TheFourth Amendment and the Internet April 6 2000
Testimony before the Subcommittee on Crime of the House Judiciary Committeeand the Subcommittee on Criminal Justice Oversight of the SenateJudiciary Committee on Internet Denial of Service Attacks and the FederalResponse Feb 29 2000
Testimony before the Commerce Committee on the Wireless PrivacyEnhancement Act of 1999 and the Wireless Communications and PublicSafety Enhancement Act of 1999 Feb 3 1999
Testimony before the House Committee on the Judiciary Subcommittee on Crimeon CALEA Implementation Oct 23 1997
18
Other CommunicationsComments of the Center for Democracy amp Technology regarding Cybersecurity
Innovation and the Internet Economy Docket No 100721305-0305-01before the US Department of Commerce September 202010
Comments of the Center for Democracy amp Technology regarding the Frameworkfor Broadband Internet Service GN Docket No 10-127 before theFederal Communications Commission July 152010
Comments of the Center for Democracy amp Technology regarding the Notice ofInquiry regarding the Assessment of the Transition of the TechnicalCoordination and Management of the Internets Domain Name andAddressing System before The National Telecommunications andInformation Administration within the US Department of CommerceJune 82009
Comments of the Center for Democracy amp Technology regarding TheContinued Transition of the Technical Coordination and Management ofthe Internets Domain Name and Addressing System Midterm Review ofthe Joint Project Agreement before The National Telecommunicationsand Information Administration within the US Department ofCommerce January 25 2008
Joint comments on the Petition for Expedited Rulemaking to Establish TechnicalRequirements and Standards Pursuant to Section 107 (b) of theCommunications Assistance for Law Enforcement Act before theFederal Communications Commission July 25 2007
Reply Comments by Industry and Public Interest Commenters in support of thePetition for Reconsideration and Clarification of the CALEAApplicability Order filed by the United States Telecom Association ETDocket No 04-295 before the Federal Communications CommissionJanuary 30 2006
Comments in support of the Petition for Reconsideration and Clarification of theCALEA Applicability Order ET Docket No 04-295 before the FederalCommunications Commission December 302005
Request for stay pending issuance of subsequent orders and for stay pendingjudicial review regarding the Communications Assistance for LawEnforcement Act and Broadband Access and Services ET Docket No 04-295 before the Federal Communications Commission November 232005
Joint Comments to the further notice of proposed rulemaking regarding the
19
Communications Assistance for Law Enforcement Act and BroadbandAccess and Services ET Docket No 04-295 before the FederalCommunications Commission November 142005
Bipartisan Working Group of Former Government Officials RecommendationsRegarding the Expiring Provisions ofthe Patriot Act July 172005
Letter to the Honorable John Sununu regarding Voice over Internet Protocol(VOIP) serves June 21 2004
Letter to Senator Akaka from the Center for Democracy amp Technology ACLUand the Electronic Privacy Information Center (EPIC) regarding datamining May 26 2004
Reply Comments of the Center for Democracy amp Technology regarding the JointPetition for Rulemaking to Resolve Various Outstanding IssuesConcerning the Implementation of the Communications Assistance forLaw Enforcement Act before the Federal Communications CommissionApril 27 2004
Letter to the Honorable Don Young and the Honorable James Oberstar regardingthe Transportation Security Administrations Computer AssistedPassenger Pre screening System (CAPPS II) February 172004
Comments ofthe Center for Democracy amp Technology on the Notice of Status ofSystem Records Interim Final Notice 68 Fed Reg 45265-01 (Aug 12003) Docket No DHSTSA-2003-01 September 302003
Comments on TSA s proposed Aviation Security Screening Records System 68Fed Reg 2101 (Jan 152003) Feb 242003
Comments on the Petition of the Cellular Telecommunications IndustryAssociation for a Rulemaking to Establish Fair Location InformationPractices before the Federal Communications Commission April 62001
Comments of the Center for Democracy amp Technology on the Council of EuropeDraft Convention on Cyber-crime Draft No 25 before the Council ofEurope and the US Department of Justice February 6 2001
Reply Comments of the Center for Democracy amp Technology regarding theCommunications Assistance for Law Enforcement Act CC Docket No97-213 before the Federal Communications Commission January 271999
Comments of the Center for Democracy and Technology on the CommunicationsAssistance for Law Enforcement Act CC Docket No 97-213 before theFederal Communications Commission May 20 1998
20
Comments ofthe Center for Democracy and Technology regarding theCommunications Assistance for Law Enforcement Act Extension ofOctober 1998 Compliance Date CC Docket No 97-213 before theFederal Communications Commission April 2 1998
d Supply four (4) copies transcripts or recordings of all speeches or talks deliveredby you including commencement speeches remarks lectures panel discussionsconferences political speeches and question-and-answer sessions Include thedate and place where they were delivered and readily available press reportsabout the speech or talk If you do not have a copy of the speech or a transcript orrecording of your remarks give the name and address of the group before whomthe speech was given the date of the speech and a summary of its subject matterIf you did not speak from a prepared text furnish a copy of any outline or notesfrom which you spoke
The list below consists of speeches or talks identified from my recollection frommy files and from search ofInternet databases Despite my searches there maybe other speeches or talks I have been unable to identifY find or remember
February 8 or 9 1994 - spoke on a panel about criminal history records at theNational Conference on Criminal History Records Brady and Beyondorganized by the Bureau of Justice Statistics US Department of JusticeConstitution Ave NW Washington DC and SEARCH 7311 Greenhaven DriveSuite 145 Sacramento California 95831
August 3 1994 - spoke on a panel about gang databases at the InternationalSymposium Criminal Justice Information Systems and Technology Buildingthe Infrastructure organized by SEARCH 7311 Greenhaven Drive Suite 145Sacramento California 95831
October 7 1998 - Presentation on Protecting the Human Right to Freedom ofExpression on the Global Internet made at the conference on the Public Voice inthe Development of Internet Policy Ottawa Canada organized by the ElectronicPrivacy Information Center 1718 Connecticut Ave NW Suite 200 WashingtonDC 20009 httpthepublicvoiceorgeventsottawa98defaulthtml (PowerPointattached - hardcopy)
April 2001 - Global Internet Policy initiative Promoting the Development of theInternet through Legal and Policy Reform Almaty Kazakhstan sponsored by theOpen Society Institute IlIA Zhe1toksan St Office 9 Almaty 050000 Kazakhstan(PowerPoint attached - hardcopy)
June 2001 - presented on Content Controls Freedom of Expression and ISPLiability on the Internet and Internet Policy Overview The legal and
21
Regulatory Framework Enabling Development of the Internet at the AdvancedNetwork Workshop Stockholm Sweden sponsored by the Internet Society 1775Wiehle Avenue Suite 201 Reston VA (PowerPoints (2) submittedelectronically)
July 2001 - Internet and Democracy The Legal and Regulatory Frameworkpresentation at the National Foreign Affairs Training Center US Department ofState 2201 CSt NW Washington DC (PowerPoint submitted electronically)
July 2001 - spoke about Internet Policy Overview The Legal and RegulatoryFramework Enabling Development of the Internet as an Engine of EconomicGrowth at a telecommunications regulatory study tour training sessionsponsored by the US Telecommunications Training Institute 1150 ConnecticutAve NW Washington DC (PowerPoint submitted electronically)
April 2002 - spoke about Overview of Internet legislation The Legal andRegulatory Framework for Development of the Internet - Global Perspective inTashkent Uzbekistan organized by the Global Internet Policy Initiative-UZ 31Kamo1 Jalilov Street Tashkent and the United national Development ProgrammeOne United Nations Plaza New York NY 10017 (PowerPoint submittedelectronically)
June 18 2002 - Tutorial Legal and Regulatory Issues A Primer - ConsumerPrivacy Overview and Government Surveillance INET 02 sponsored by theInternet Society 1775 Wiehle Avenue Suite 201 Reston VA20190-5108 USA (PowerPoints (3) submitted electronically)
October 2002 - I am submitting electronically a PowerPoint dated October 2002on the subject Internet Policy Overview The Legal and Regulatory FrameworkEnabling Development ofthe Internet as an Engine of Economic Growth - basedon a review of my records I cannot determine whether I actually gave such apresentation in October 2002 let alone where
April 21 2003 - I am submitting electronically a PowerPoint dated April 212003 on the subject Privacy Overview - based on a review of my records Icannot determine whether I actually gave such a presentation in April 2003 letalone where
June 27 2003 - The Legal and Regulatory Framework Enabling Development ofthe Internet as an Engine of Economic Growth and DemocratizationUNITARIINTEL Seminar 2 United Nations Plaza New York City (PowerPointsubmitted electronically)
September 8 2003 - Protecting Privacy and Freedom of Communication in theFight against Cybercrime Southeast Europe Cybersecurity Conference in SofiaBulgaria sponsored by the United States Government Department of State 2201C Street NW Washington DC and the Government of Bulgariahttpwwwcybersecuritycooperationorg (PowerPoint submitted electronically)
22
March 72004 - spoke at a workshop in Washington DC entitled CivilLiberties The Patriot Act The Toll on Our Rights convened by the NationalCouncil of Jewish Womens Washington Institute in Washington DC 1707 LStreet NW Suite 950 Washington DC 20036-4206
March 10 2004 - spoke on CALEA and VoIP at a brown bag lunch meeting ofthe DC Bars Computer and Telecommunications Law Section 1101 K StreetNW Suite 200 Washington DC
May 11 2004 - spoke about CALEA at a VoIP conference in Reston VAorganized by Law Seminars International 800 Fifth Avenue Suite 101 SeattleWA 98104
May 18 2004 - participated in a panel discussion on Internet governance at theMicrosoft Government Leaders Forum One Microsoft Way Redmond WA inSeattle Washington
June 4 2004 - spoke about Human Rights and the War on Terrorism at the USForeign Policy Colloquium sponsored by the National Committee on UnitedStates- China Relations 71 West 23rd Street Suite 1901 New York NY 10010-4102 (PowerPoint attached - hardcopy)
June 18 2004 - spoke on a panel on Government Surveillance Civil Libertiesand the War on Terror at the National Convention of the American ConstitutionSociety 1333 H Street NW 11th Floor Washington DC
July 2004 - Internet and Democracy The Legal and Regulatory FrameworkEnabling Development of the Internet as an Engine of Economic Growth andDemocratization presentation at National Foreign Affairs Training Center USDepartment of State 2201 C 81 NW Washington DC (PowerPoints (2)submitted electronically)
September 16 2004 - spoke on cybersecurity issues at the Academy forEducational Development 1825 Connecticut Ave NW Washington DC 20009-5721 as part of the DOT-COMInterAction Speaker Series Cyber-SecurityIssues in International Development Environments (PowerPoint submittedelectronically and handwritten notes attached in hardcopy
September 30 2004 - moderated a panel on Government Industry and Securityat the Privacy and National Security Forum in Washington DC sponsored by theInternational Association of Privacy Professionals 75 Rochester Ave Suite 4Portsmouth NH 03801 USA
October 62004 - presentation on The Patriot Act Civil Liberties and the War onTerrorism at LocationOne 26 Greene Street New York New York 10013
23
October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
24
May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
27
May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
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do swearstatement is to the best
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6
None of the organizations I listed in response to 1la above to my knowledgecurrently discriminate or formerly discriminated on the basis of race sex orreligion either through formal membership requirements or the practicalimplementation of membership policies
12 Published Writings and Public Statements
a List the titles publishers and dates of books articles reports letters to the editoreditorial pieces or other published material you have written or edited includingmaterial published only on the Internet Supply four (4) copies of all publishedmaterial to the Committee
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
PublicationslBooksDeirdre K Mulligan and Jim Dempsey Internet Can Be a Big Benefit for
Democracy San Francisco Chronicle (op-ed) July 4 2010
Deven McGraw James X Dempsey Leslie Harris and Janlori Goldman PrivacyAs An Enabler Not An Impediment Building Trust Into HealthInformation Exchange Health Affairs Vol 28 no 2 (2009)
Digital Search amp Seizure Updating Privacy Protections To Keep Pace WithTechnology article reprinted in course handbook for the Privacy andSecurity Law Institute 2008 (PLI June 2008 and June 2009)
Federal Computer Security Initiative Welcome but Too Secretive Forbesonline May 13 2008
The Internet at Risk The Need for Higher Education Advocacy EDUCAUSEReview Vol 42 No6 NovemberlDecember 2007
James X Dempsey and Ira Rubinstein Lawyers and Technologists Joined at theHip Guest Editors Introduction to IEEE Security and PrivacyMagazine Vol 4 Issue 3 (MayJune 2006)
James X Dempsey and Lara M Flint Commercial Data and National SecurityThe George Washington Law Review Vol 72 Number 6 (August 2004)
What E-Government Means for Those of Us Who Cannot Type LocalGovernment Brief Winter 2003 p 22
Civil Liberties in a Time of Crisis Journal of the National Council of JewishWomen Winter 20012002 (typescript submitted in hardcopy)
7
James X Dempsey and David Cole Terrorism and the Constitution (New Press3rd ed 2006)
Essays on PATRIOT Act provisions in Patriot Debates Experts Debate theUSA PATRIOT Act Stewart A Baker and John Kavanagh editors(published by the American Bar Association Standing Committee on Lawand National Security June 2005)
James X Dempsey Civil Liberties in a Time of Crisis Human Rights Winter2002
James X Dempsey Freedom of Expression in the IT Era User Empowermentedited transcript of a speech to the IPI World Congress and 50th GeneralAssembly (January 2001)
James X Dempsey and Martin L Stem Disconnect the FBI Wiretap PlanLegal Times June 15 1998
Michael J ONeil and James X Dempsey 2000 DePaul Business Law JournalCritical Infrastructure Protection Threats To Privacy And Other CivilLiberties And Concerns With Government Mandates On Industry
Deirdre Mulligan and James X Dempsey Applying Campaign Finance Law tothe Internet - Risks to Free Expression and Democratic Values CFPApril 2000
James X Dempsey Overview of Criminal Justice Information Systems CFPApril 2000
Communications Privacy In The Digital Age Revitalizing The Federal WiretapLaws To Enhance Privacy Albany Law Journal of Science ampTechnology 1997
Proprietary Data Hard to Protect in Government Bids (with James A Dobkin)Legal Times May 16 1983
Court Reexamines State Federal Utility Regulatory Role (with G PhilipNowak) Legal Times October 24 1983
FERC Limits PURPA Electric Transmission Authority (with G Philip Nowak)Legal Times January 30 1984
Protection of Corporate Secrets in Government Contract Proposals and Bids(with James A Dobkin) 15 Pub Con LJ 46 (1984)
Data privacy ~ Law enforcements access to your information in National
8
Conference on Privacy Technology and Criminal Justice Informationproceedings ofa Bureau of Justice StatisticsSEARCH conference (2001)
Control y Supervision Legislativa del FBI en Estados Unidos in ControlDemocratico en el Mantenimiento de la Seguridad Interior 1998(hardcopy attached)
Control y supervision legislative del FBI en Estados Unidos in Policia ysociedad democratic a 1998 (hardcopy attached)
The Terrors of Counterterrorism The Recorder May 11 1995 (hardcopyattached)
CDr blog entriesA Good Start for the 110th
CDT Blog Jan 102007
A Global Forum on National Issues CDT BIog Nov 62006
A Wake-Up Call for Reform CDT Blog Mar 142007
Admin Cyber-Security Plan Raises Concerns over NSAs Role CDT BIogNov 82007
CTO Aneesh Chopra - A Breath of Fresh Air CDT Blog Aug 6 2009
Congressional Oversight on Privacy and National Security CDT BIogNov 10 2006
Does Targeting Authorize the Vacuum Cleaner CDT Blog June 252008
ICANN US Government Mfirm Private Sector Lead in Domain NameGovernance CDT Blog Sept 302009
Internet Governance The Contribution ofthe IGF CDT Blog July 152010
More Bad News CDT Blog June 9 2006
New Urban Myth The Internet ID Scare CDT BIog Jan 112011
Privacy in the Age of Big Data CDT BIog Aug 20 2009
Progressives Should Embrace Intent Behind Violent Radicalization Bill CDTBlog Dec 14 2007
Supreme Court Holds Stead on Workplace Privacy CDT Blog June 172010
9
The Real Story on Warrantless Surveillance CDT Blog Aug 2 2007
Transparency Privacy and Financial Services Reform CDT Blog April262010
What Do the Twitter Subpoenas Mean CDT Blog Jan 122011
Why the NSA Should Not Lead Cybersecurity Government-Wide CDT BlogApril 21 2009
b Supply four (4) copies of any reports memoranda or policy statements youprepared or contributed in thepreparation of on behalf of any bar associationcommittee conference or organization of which you were or are a member Ifyou do not have a copy of a report memorandum or policy statement give thename and address of the organization that issued it the date of the document anda summary of its subject matter
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
Markle Foundation- Connecting for Health Initiative
Consumers as Network Participants Common Framework for NetworkedPersonal Health Information Connecting for Health Markle Foundation(June 2008)
Overview and Principles Common Framework for Networked Personal HealthInformation Connecting for Health Markle Foundation (June 2008)
Linking Health Care Information Proposed Methods for Improving Care andProtecting Privacy Connecting for Health Markle Foundation (February2005)
Achieving Electronic Connectivity in Healthcare A Roadmap from the NationsPublic and Private Sector Healthcare Leaders Connecting for HealthMarkle Foundation (Fall 2004)
Achieving Electronic Connectivity in Healthcare Summary ofRecommendations Connecting for Health Markle Foundation (July2004)
Achieving Electronic Connectivity in Healthcare A Preliminary Roadmap fromthe Nations Public and Private Sector Healthcare Leaders Connectingfor Health Markle Foundation (July 2004)
10
Markle Foundation-Task Force on National Security in the Information Age
Creating a Trusted Network for Homeland Security Second Report of theMarkle Foundation Task Force Task Force on National Security MarkleFoundation (2003)
Protecting Americas Freedom in the Information Age A Report of the MarkleFoundation Task Force Task Force on National Security MarkleFoundation (October 2002)
CDT Reports-
Intermediary Liability Protecting Internet Platforms for Expression andInnovation Center for Democracy amp Technology (April 2010)
Patriot Act Sunsets Should Prompt Re-Consideration of Anti-Terror PowersAdjustments Needed To Protect Civil Liberties Center for Democracy ampTechnology website content (Sept 162009)
PASS ID Act Addresses Major Privacy Concerns in REAL ID Center forDemocracy amp Technology website content (June 152009)
White House Sets Framework for Cybersecurity Builds in Privacy Center forDetnocracy amp Technology website content (May 29 2009)
Cybersecurity Program Should Be More Transparent Protect Privacy Centerfor Democracy amp Technology website content (March 30 2009)
Domestic Intelligence System Grows without Controls Center for Democracyamp Technology website content (March 192009)
Show Us the Data Most Wanted Federal Documents Report by the Center forDemocracy amp Technology and OpenTheGoverntnentOrg (March 2009)
Investigative Guidelines Cement FBI Role As Domestic Intelligence AgencyRaising New Privacy Challenges Center for Democracy amp Technologywebsite content (October 29 2008)
Online Consumers at Risk and the Role of State Attorneys General Center forAmerican Progress and the Center for Democracy amp Technology (August2008)
Legislation Needed to Correct Widespread Errors in use of National SecurityLetters Center for Democracy amp Technology website content (May 142008)
Governance of Critical Internet Resources What Does Governance Mean
11
What Are Critical Internet Resources Prepared by the Center forDemocracy amp Technology for the Second Internet Governance Forum inRio de Janeiro Brazil (Nov 142007)
Bills Would Strengthen Weaken Surveillance Standards Center for Democracyamp Technology website content (Oct 26 2007)
Federal Appeals Court Holds Email Content Is Constitutionally ProtectedCenter for Democracy amp Technology website content (July 25 2007)
IRS Proposal Could Impact Millions of Internet Users Center for Democracy ampTechnology website content (May 4 2007)
Bill Introduced to Reform FBI Data Demands Center for Democracy ampTechnology website content (March 292007)
The Internet in Transition 2009 and Beyond A Platform to Keep the InternetOpen Innovative and Free Center for Democracy amp Technologywebsite content (Nov 172006) available athttp oldcdtorgelection2008
ICANN Seeks Input on Improving Transparency and Accountability Center forDemocracy amp Technology website content (Nov 172006)
Congress Poised to Consider Dangerous NSA Bills Center for Democracy ampTechnology website content (Sept 25 2006)
FISA Modernization is Dangerous and Premature Center for Democracy ampTechnology website content (Aug 2 2006)
Internet Governance Debate Poses Unique Global Challenges Center forDemocracy amp Technology website content (July 192006)
Court Upholds Imposition of Technical Design Mandates on the InternetCenter for Democracy amp Technology website content (June 132006)
Illegal NSA Data Mining Highlights Need for Congressional Oversight Centerfor Democracy amp Technology website content (May 112006)
President Signs PATRIOT Act Reauthorization Bill Lacking Civil LibertiesProtections Center for Democracy amp Technology website content(March 172006)
Digital Technology Makes Surveillance Easier Requiring Stronger PrivacyLaws Center for Democracy amp Technology website content (Feb 222006)
Congress Begins Deeper Investigation ofNSAs Warrantless Wiretapping
12
Program Center for Democracy amp Technology website content (Feb 142006)
Digital Search amp Seizure Updating Privacy Protections to Keep Pace withTechnology Center for Democracy amp Technology (February 2006)
Congress Needs to Hear About PATRIOT Renewal Center for Democracy ampTechnology website content (Jan 4 2006)
Civil Liberties Crisis Confronts Nation Center for Democracy amp Technologywebsite content (Dec 19 2005)
PATRIOT Act Deal Falls Short on Civil Liberties Checks and Balances Centerfor Democracy amp Technology website content (Dec 122005)
Congressional Revolt Over Civil Liberties PATRIOT Reform Hangs in theBalance Center for Democracy amp Technology website content (Nov 112005)
Federal Appeals Court Reaffirms E-Mail Privacy Protections Center forDemocracy amp Technology website content (Aug 182005)
Civil Liberties at Issue in PATRIOT Act Reauthorization Center forDemocracy amp Technology website content (June 2 2005)
SAFE Act Would Control PATRIOT Powers Center for Democracy ampTechnology website content (April 26 2005)
Federal ID Proposals for US Citizens and Others Grow in Number and ScopeCenter for Democracy amp Technology website content (Jan 182005)
Technologies That Can Protect Privacy as Information is Shared to CombatTerrorism Center for Democracy amp Technology (May 26 2004)
The Internet and Law Enforcement Surveillance Extension of CALEA to theInternet Would Be Unlawful Unnecessary and Unwise Center forDemocracy amp Technology (May 20 2004)
No Design Mandates for Internet CDT Tells FCC Center for Democracy ampTechnology website content (April 28 2004)
Googles GMail Highlights General Privacy Concerns Center for Democracy ampTechnology website content (April 12 2004)
The Internet and Law Enforcement Surveillance Law Enforcement ConcernsCan Be Addressed Without Regulation Which Would Stifle InnovationRaise Costs Risk Security Center for Democracy amp Technology (March192004)
13
GAO Echoes CDT Criticisms of CAPPS II Coalition Calls for HearingsCenter for Democracy amp Technology website content (Feb 26 2004)
Security Holes at DMVs Feed ID Theft Offer Lessons for National ID CardDebate Center for Democracy amp Technology website content (Feb 32004)
Privacys Gap The Largely Non-Existent Legal Framework for GovernmentMining of Commercial Data Center for Democracy amp Technology(May 19 2003)
Part 4 Information Security and Government Policies in InformationTechnology Security Handbook (2003)
The E-Government Handbook for Developing Countries Project ofInfoDevand the Center for Democracy amp Technology (November 2002)
Appeals Court Rules on FCC CALEA Decision Center for Democracy ampTechnology website content (Aug 152000)
Bridging the Digital Divide Internet Access in Central and Eastern EuropeCenter for Democracy amp Technology (2000)
Square Pegs amp Round Holes Applying Campaign Finance Law to the Internet -Risks to Free Expression amp Democratic Values Center for Democracy ampTechnology (October 1999)
Regardless of Frontiers Protecting The Human Right to Freedom ofExpression on the Global Internet Global Internet Liberty Campaign(1998)
GIPI Reports
A Process for Developing Internet Policy The Model of the NationalICTInternet Summit - The Case Study of the Kyrgyz Republic GlobalInternet Policy Initiative (April 2001)
Licensing Options for Internet Service Providers Global Internet PolicyInitiative (June 23 2001 updated Sept 25 2002)
Application of Defamation Laws to the Internet Global Internet PolicyInitiative (October 2001)
14
Flat Rate versus Per Minute Charges for Telephone Service The Relationshipbetween Internet Access and Telephone Tariffs Global Internet PolicyInitiative (Dec 4 2001)
Taxation ofE-Commerce Global Internet Policy Initiative (December 2001)
Voice-over-IP The Future of Communications Global Internet Policy Initiative(April 29 2002)
Best Practices for Telecommunications Reform Global Internet PolicyInitiative (May 2002)
The Keys to the Back Office Building a Legal and Policy Framework to AttractIT-Enabled Outsourcing Global Internet Policy Initiative (May 2002)
Redelegation of Country Code Top Level Domains Global Internet PolicyInitiative (February 2003)
Trust And Security In Cyberspace The Legal And Policy Framework forAddressing Cybercrime Global Internet Policy Initiative (September2005)
Privacy and E-Government Privacy Impact Assessments and PrivacyCommissioners -Two Mechanisms for Protecting Privacy to PromoteCitizen Trust Online Global Internet Policy Initiative (May 12003)
Copyright and the Internet Building National Legislative Frameworks Based onInternational Copyright Law Olena Dmytrenko and James X DempseyGlobal Internet Policy Initiative (December 2004)
The Regulatory Framework for E-Commerce -International LegislativePractice Global Internet Policy Initiative (May 21 2002)
Creating the Legal Framework for ICT Development The Example ofE-Signature Legislation in Emerging Market Economies James XDempsey Global Internet Policy Initiative (2003)
The International Legal Framework for Data Protection and Its Transposition toDeveloping and Transitional Countries Global Internet Policy Initiative(Dec 28 2004)
Management of ccTLDs by Member States ofthe European Union GlobalInternet Policy Initiative (Oct 26 2002)
Building Local E-Government through Public-Private Partnerships ConferenceConclusions Conference on E-Government in Romania Global InternetPolicy Initiative (2005)
15
Additionally I managed all web content for the Global Internet Policy Initiativeavailable at httpwwwinternetpolicynet
c Supply four (4) copies of any testimony official statements or othercommunications relating in whole or in part to matters of public policy or legalinterpretation that you have issued or provided or that others presented on yourbehalf to public bodies or public officials
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
TestimonyTestimony before the Senate Judiciary Committee on The Electronic
Communications Privacy Act Promoting Security and Protecting Privacyin the Digital Age Sept 22 2010
Testimony before the House Judiciary Committee Subcommittee on theConstitution Civil Rights and Civil Liberties on ElectronicCommunications Privacy Act Reform May 52010
Testimony before the House Intelligence Committee on FISA and the ProtectAmerica Act Sept 182007
Testimony before the Senate Judiciary Committee on FISA and the ProtectAmerica Act Sept 25 2007
Testimony before the House Intelligence Committee on National Security LettersMar 28 2007
Testimony before the Presidents Privacy and Civil Liberties Oversight Board onPrivacy and Information Sharing for Counterterrorism Dec 52006
Testimony before the House Committee on the Judiciary Subcommittee onCrime Terrorism and Homeland Security on Updating FISA Sept 62006
Testimony before the Senate Judiciary Committee on Modernization of theForeign Intelligence Surveillance Act July 26 2006
Testimony before the House Intelligence Committee on Modernization of theForeign Intelligence Surveillance Act (FISA) July 192006
Testimony before the House Committee on Homeland Security Subcommittee on
16
Economic Security Infrastructure Protection and Cybersecurity onImproving Pre-Screening of Aviation Passengers against Terrorist andOther Watch Lists June 29 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act May 24 2005
Testimony before the House Permanent Select Committee on Intelligence on thePATRIOT Act May 112005
Testimony before the Senate Committee on the Judiciary on the PATRIOT ActMay 102005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Oversight Hearing on Implementation of the USAPATRIOT Act Section 212 May 5 2005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Implementation of the USA PATRIOT ActSections of the Act that Address Crime Terrorism and the Age ofTechnology April 21 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act April 19 2005
Testimony before the Senate Committee on the Judiciary on Securing ElectronicPersonal Data Striking a Balance Between Privacy and Commercial andGovernmental Use April 13 2005
Testimony before the Subcommittee on Telecommunications and the InternetHouse Committee on Energy and Commerce on Law Enforcement Accessto Communications Systems in a Digital Age Sept 8 2004
Testimony before the House Committee on Government Reform on Moving fromNeed to Know to Need to Share A Review ofthe 9-11 CommissionsRecommendations Aug 32004
Testimony before the Senate Committee on Commerce Science andTransportation on S 2281 The VOIP Regulatory Freedom Act of 2004June 16 2004
Testimony before the House Committee on the Judiciary Subcommittee onCommercial and Administrative Law on Privacy in the Hands of theGovernment The Privacy Officer for the Department of HomelandSecurity Feb 102004
Testimony before the Senate Committee on the Judiciary on America after 911Freedom Preserved or Freedom Lost Nov 182003
17
Testimony before the Subcommittee on Commercial and Administrative Law andthe Subcommittee on the Constitution of the House Judiciary Committeeon The Defense of Privacy Act and Privacy in the Hands of theGovernment July 22 2003
Testimony before the House Committee on the Judiciary Subcommittee on theConstitution on Anti-Terrorism Investigations and the Fourth AmendmentAfter September 11 Where and When Can the Government Go to PreventTerrorist Attacks May 202003
Testimony before the Subcommittee on Government Efficiency FinancialManagement and Intergovernmental Relations and the Subcommittee forTechnology and Procurement Policy of the House Committee onGovernment Reform on HR 3844 the Federal Information SecurityReform Act of 2002 May 2 2002
Testimony before the House Committee on the Judiciary Forum on NationalSecurity and the Constitution on the Nations Counter-Terrorism Programsand their Implications for Civil Liberties Jan 24 2002
Testimony before the House Committee on the Judiciary on Legislative Measuresto Improve Americas Counter-Terrorism Programs Sept 24 2001
Testimony before the House Subcommittee on the Constitution on privacylegislation Sept 6 2000
Testimony before the Senate Judiciary Committee on Carnivore Sept 62000
Testimony before the Senate Judiciary Committee on Internet Security andPrivacy May 25 2000
Testimony before the House Judiciary Subcommittee on the Constitution on TheFourth Amendment and the Internet April 6 2000
Testimony before the Subcommittee on Crime of the House Judiciary Committeeand the Subcommittee on Criminal Justice Oversight of the SenateJudiciary Committee on Internet Denial of Service Attacks and the FederalResponse Feb 29 2000
Testimony before the Commerce Committee on the Wireless PrivacyEnhancement Act of 1999 and the Wireless Communications and PublicSafety Enhancement Act of 1999 Feb 3 1999
Testimony before the House Committee on the Judiciary Subcommittee on Crimeon CALEA Implementation Oct 23 1997
18
Other CommunicationsComments of the Center for Democracy amp Technology regarding Cybersecurity
Innovation and the Internet Economy Docket No 100721305-0305-01before the US Department of Commerce September 202010
Comments of the Center for Democracy amp Technology regarding the Frameworkfor Broadband Internet Service GN Docket No 10-127 before theFederal Communications Commission July 152010
Comments of the Center for Democracy amp Technology regarding the Notice ofInquiry regarding the Assessment of the Transition of the TechnicalCoordination and Management of the Internets Domain Name andAddressing System before The National Telecommunications andInformation Administration within the US Department of CommerceJune 82009
Comments of the Center for Democracy amp Technology regarding TheContinued Transition of the Technical Coordination and Management ofthe Internets Domain Name and Addressing System Midterm Review ofthe Joint Project Agreement before The National Telecommunicationsand Information Administration within the US Department ofCommerce January 25 2008
Joint comments on the Petition for Expedited Rulemaking to Establish TechnicalRequirements and Standards Pursuant to Section 107 (b) of theCommunications Assistance for Law Enforcement Act before theFederal Communications Commission July 25 2007
Reply Comments by Industry and Public Interest Commenters in support of thePetition for Reconsideration and Clarification of the CALEAApplicability Order filed by the United States Telecom Association ETDocket No 04-295 before the Federal Communications CommissionJanuary 30 2006
Comments in support of the Petition for Reconsideration and Clarification of theCALEA Applicability Order ET Docket No 04-295 before the FederalCommunications Commission December 302005
Request for stay pending issuance of subsequent orders and for stay pendingjudicial review regarding the Communications Assistance for LawEnforcement Act and Broadband Access and Services ET Docket No 04-295 before the Federal Communications Commission November 232005
Joint Comments to the further notice of proposed rulemaking regarding the
19
Communications Assistance for Law Enforcement Act and BroadbandAccess and Services ET Docket No 04-295 before the FederalCommunications Commission November 142005
Bipartisan Working Group of Former Government Officials RecommendationsRegarding the Expiring Provisions ofthe Patriot Act July 172005
Letter to the Honorable John Sununu regarding Voice over Internet Protocol(VOIP) serves June 21 2004
Letter to Senator Akaka from the Center for Democracy amp Technology ACLUand the Electronic Privacy Information Center (EPIC) regarding datamining May 26 2004
Reply Comments of the Center for Democracy amp Technology regarding the JointPetition for Rulemaking to Resolve Various Outstanding IssuesConcerning the Implementation of the Communications Assistance forLaw Enforcement Act before the Federal Communications CommissionApril 27 2004
Letter to the Honorable Don Young and the Honorable James Oberstar regardingthe Transportation Security Administrations Computer AssistedPassenger Pre screening System (CAPPS II) February 172004
Comments ofthe Center for Democracy amp Technology on the Notice of Status ofSystem Records Interim Final Notice 68 Fed Reg 45265-01 (Aug 12003) Docket No DHSTSA-2003-01 September 302003
Comments on TSA s proposed Aviation Security Screening Records System 68Fed Reg 2101 (Jan 152003) Feb 242003
Comments on the Petition of the Cellular Telecommunications IndustryAssociation for a Rulemaking to Establish Fair Location InformationPractices before the Federal Communications Commission April 62001
Comments of the Center for Democracy amp Technology on the Council of EuropeDraft Convention on Cyber-crime Draft No 25 before the Council ofEurope and the US Department of Justice February 6 2001
Reply Comments of the Center for Democracy amp Technology regarding theCommunications Assistance for Law Enforcement Act CC Docket No97-213 before the Federal Communications Commission January 271999
Comments of the Center for Democracy and Technology on the CommunicationsAssistance for Law Enforcement Act CC Docket No 97-213 before theFederal Communications Commission May 20 1998
20
Comments ofthe Center for Democracy and Technology regarding theCommunications Assistance for Law Enforcement Act Extension ofOctober 1998 Compliance Date CC Docket No 97-213 before theFederal Communications Commission April 2 1998
d Supply four (4) copies transcripts or recordings of all speeches or talks deliveredby you including commencement speeches remarks lectures panel discussionsconferences political speeches and question-and-answer sessions Include thedate and place where they were delivered and readily available press reportsabout the speech or talk If you do not have a copy of the speech or a transcript orrecording of your remarks give the name and address of the group before whomthe speech was given the date of the speech and a summary of its subject matterIf you did not speak from a prepared text furnish a copy of any outline or notesfrom which you spoke
The list below consists of speeches or talks identified from my recollection frommy files and from search ofInternet databases Despite my searches there maybe other speeches or talks I have been unable to identifY find or remember
February 8 or 9 1994 - spoke on a panel about criminal history records at theNational Conference on Criminal History Records Brady and Beyondorganized by the Bureau of Justice Statistics US Department of JusticeConstitution Ave NW Washington DC and SEARCH 7311 Greenhaven DriveSuite 145 Sacramento California 95831
August 3 1994 - spoke on a panel about gang databases at the InternationalSymposium Criminal Justice Information Systems and Technology Buildingthe Infrastructure organized by SEARCH 7311 Greenhaven Drive Suite 145Sacramento California 95831
October 7 1998 - Presentation on Protecting the Human Right to Freedom ofExpression on the Global Internet made at the conference on the Public Voice inthe Development of Internet Policy Ottawa Canada organized by the ElectronicPrivacy Information Center 1718 Connecticut Ave NW Suite 200 WashingtonDC 20009 httpthepublicvoiceorgeventsottawa98defaulthtml (PowerPointattached - hardcopy)
April 2001 - Global Internet Policy initiative Promoting the Development of theInternet through Legal and Policy Reform Almaty Kazakhstan sponsored by theOpen Society Institute IlIA Zhe1toksan St Office 9 Almaty 050000 Kazakhstan(PowerPoint attached - hardcopy)
June 2001 - presented on Content Controls Freedom of Expression and ISPLiability on the Internet and Internet Policy Overview The legal and
21
Regulatory Framework Enabling Development of the Internet at the AdvancedNetwork Workshop Stockholm Sweden sponsored by the Internet Society 1775Wiehle Avenue Suite 201 Reston VA (PowerPoints (2) submittedelectronically)
July 2001 - Internet and Democracy The Legal and Regulatory Frameworkpresentation at the National Foreign Affairs Training Center US Department ofState 2201 CSt NW Washington DC (PowerPoint submitted electronically)
July 2001 - spoke about Internet Policy Overview The Legal and RegulatoryFramework Enabling Development of the Internet as an Engine of EconomicGrowth at a telecommunications regulatory study tour training sessionsponsored by the US Telecommunications Training Institute 1150 ConnecticutAve NW Washington DC (PowerPoint submitted electronically)
April 2002 - spoke about Overview of Internet legislation The Legal andRegulatory Framework for Development of the Internet - Global Perspective inTashkent Uzbekistan organized by the Global Internet Policy Initiative-UZ 31Kamo1 Jalilov Street Tashkent and the United national Development ProgrammeOne United Nations Plaza New York NY 10017 (PowerPoint submittedelectronically)
June 18 2002 - Tutorial Legal and Regulatory Issues A Primer - ConsumerPrivacy Overview and Government Surveillance INET 02 sponsored by theInternet Society 1775 Wiehle Avenue Suite 201 Reston VA20190-5108 USA (PowerPoints (3) submitted electronically)
October 2002 - I am submitting electronically a PowerPoint dated October 2002on the subject Internet Policy Overview The Legal and Regulatory FrameworkEnabling Development ofthe Internet as an Engine of Economic Growth - basedon a review of my records I cannot determine whether I actually gave such apresentation in October 2002 let alone where
April 21 2003 - I am submitting electronically a PowerPoint dated April 212003 on the subject Privacy Overview - based on a review of my records Icannot determine whether I actually gave such a presentation in April 2003 letalone where
June 27 2003 - The Legal and Regulatory Framework Enabling Development ofthe Internet as an Engine of Economic Growth and DemocratizationUNITARIINTEL Seminar 2 United Nations Plaza New York City (PowerPointsubmitted electronically)
September 8 2003 - Protecting Privacy and Freedom of Communication in theFight against Cybercrime Southeast Europe Cybersecurity Conference in SofiaBulgaria sponsored by the United States Government Department of State 2201C Street NW Washington DC and the Government of Bulgariahttpwwwcybersecuritycooperationorg (PowerPoint submitted electronically)
22
March 72004 - spoke at a workshop in Washington DC entitled CivilLiberties The Patriot Act The Toll on Our Rights convened by the NationalCouncil of Jewish Womens Washington Institute in Washington DC 1707 LStreet NW Suite 950 Washington DC 20036-4206
March 10 2004 - spoke on CALEA and VoIP at a brown bag lunch meeting ofthe DC Bars Computer and Telecommunications Law Section 1101 K StreetNW Suite 200 Washington DC
May 11 2004 - spoke about CALEA at a VoIP conference in Reston VAorganized by Law Seminars International 800 Fifth Avenue Suite 101 SeattleWA 98104
May 18 2004 - participated in a panel discussion on Internet governance at theMicrosoft Government Leaders Forum One Microsoft Way Redmond WA inSeattle Washington
June 4 2004 - spoke about Human Rights and the War on Terrorism at the USForeign Policy Colloquium sponsored by the National Committee on UnitedStates- China Relations 71 West 23rd Street Suite 1901 New York NY 10010-4102 (PowerPoint attached - hardcopy)
June 18 2004 - spoke on a panel on Government Surveillance Civil Libertiesand the War on Terror at the National Convention of the American ConstitutionSociety 1333 H Street NW 11th Floor Washington DC
July 2004 - Internet and Democracy The Legal and Regulatory FrameworkEnabling Development of the Internet as an Engine of Economic Growth andDemocratization presentation at National Foreign Affairs Training Center USDepartment of State 2201 C 81 NW Washington DC (PowerPoints (2)submitted electronically)
September 16 2004 - spoke on cybersecurity issues at the Academy forEducational Development 1825 Connecticut Ave NW Washington DC 20009-5721 as part of the DOT-COMInterAction Speaker Series Cyber-SecurityIssues in International Development Environments (PowerPoint submittedelectronically and handwritten notes attached in hardcopy
September 30 2004 - moderated a panel on Government Industry and Securityat the Privacy and National Security Forum in Washington DC sponsored by theInternational Association of Privacy Professionals 75 Rochester Ave Suite 4Portsmouth NH 03801 USA
October 62004 - presentation on The Patriot Act Civil Liberties and the War onTerrorism at LocationOne 26 Greene Street New York New York 10013
23
October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
24
May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
27
May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
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7
James X Dempsey and David Cole Terrorism and the Constitution (New Press3rd ed 2006)
Essays on PATRIOT Act provisions in Patriot Debates Experts Debate theUSA PATRIOT Act Stewart A Baker and John Kavanagh editors(published by the American Bar Association Standing Committee on Lawand National Security June 2005)
James X Dempsey Civil Liberties in a Time of Crisis Human Rights Winter2002
James X Dempsey Freedom of Expression in the IT Era User Empowermentedited transcript of a speech to the IPI World Congress and 50th GeneralAssembly (January 2001)
James X Dempsey and Martin L Stem Disconnect the FBI Wiretap PlanLegal Times June 15 1998
Michael J ONeil and James X Dempsey 2000 DePaul Business Law JournalCritical Infrastructure Protection Threats To Privacy And Other CivilLiberties And Concerns With Government Mandates On Industry
Deirdre Mulligan and James X Dempsey Applying Campaign Finance Law tothe Internet - Risks to Free Expression and Democratic Values CFPApril 2000
James X Dempsey Overview of Criminal Justice Information Systems CFPApril 2000
Communications Privacy In The Digital Age Revitalizing The Federal WiretapLaws To Enhance Privacy Albany Law Journal of Science ampTechnology 1997
Proprietary Data Hard to Protect in Government Bids (with James A Dobkin)Legal Times May 16 1983
Court Reexamines State Federal Utility Regulatory Role (with G PhilipNowak) Legal Times October 24 1983
FERC Limits PURPA Electric Transmission Authority (with G Philip Nowak)Legal Times January 30 1984
Protection of Corporate Secrets in Government Contract Proposals and Bids(with James A Dobkin) 15 Pub Con LJ 46 (1984)
Data privacy ~ Law enforcements access to your information in National
8
Conference on Privacy Technology and Criminal Justice Informationproceedings ofa Bureau of Justice StatisticsSEARCH conference (2001)
Control y Supervision Legislativa del FBI en Estados Unidos in ControlDemocratico en el Mantenimiento de la Seguridad Interior 1998(hardcopy attached)
Control y supervision legislative del FBI en Estados Unidos in Policia ysociedad democratic a 1998 (hardcopy attached)
The Terrors of Counterterrorism The Recorder May 11 1995 (hardcopyattached)
CDr blog entriesA Good Start for the 110th
CDT Blog Jan 102007
A Global Forum on National Issues CDT BIog Nov 62006
A Wake-Up Call for Reform CDT Blog Mar 142007
Admin Cyber-Security Plan Raises Concerns over NSAs Role CDT BIogNov 82007
CTO Aneesh Chopra - A Breath of Fresh Air CDT Blog Aug 6 2009
Congressional Oversight on Privacy and National Security CDT BIogNov 10 2006
Does Targeting Authorize the Vacuum Cleaner CDT Blog June 252008
ICANN US Government Mfirm Private Sector Lead in Domain NameGovernance CDT Blog Sept 302009
Internet Governance The Contribution ofthe IGF CDT Blog July 152010
More Bad News CDT Blog June 9 2006
New Urban Myth The Internet ID Scare CDT BIog Jan 112011
Privacy in the Age of Big Data CDT BIog Aug 20 2009
Progressives Should Embrace Intent Behind Violent Radicalization Bill CDTBlog Dec 14 2007
Supreme Court Holds Stead on Workplace Privacy CDT Blog June 172010
9
The Real Story on Warrantless Surveillance CDT Blog Aug 2 2007
Transparency Privacy and Financial Services Reform CDT Blog April262010
What Do the Twitter Subpoenas Mean CDT Blog Jan 122011
Why the NSA Should Not Lead Cybersecurity Government-Wide CDT BlogApril 21 2009
b Supply four (4) copies of any reports memoranda or policy statements youprepared or contributed in thepreparation of on behalf of any bar associationcommittee conference or organization of which you were or are a member Ifyou do not have a copy of a report memorandum or policy statement give thename and address of the organization that issued it the date of the document anda summary of its subject matter
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
Markle Foundation- Connecting for Health Initiative
Consumers as Network Participants Common Framework for NetworkedPersonal Health Information Connecting for Health Markle Foundation(June 2008)
Overview and Principles Common Framework for Networked Personal HealthInformation Connecting for Health Markle Foundation (June 2008)
Linking Health Care Information Proposed Methods for Improving Care andProtecting Privacy Connecting for Health Markle Foundation (February2005)
Achieving Electronic Connectivity in Healthcare A Roadmap from the NationsPublic and Private Sector Healthcare Leaders Connecting for HealthMarkle Foundation (Fall 2004)
Achieving Electronic Connectivity in Healthcare Summary ofRecommendations Connecting for Health Markle Foundation (July2004)
Achieving Electronic Connectivity in Healthcare A Preliminary Roadmap fromthe Nations Public and Private Sector Healthcare Leaders Connectingfor Health Markle Foundation (July 2004)
10
Markle Foundation-Task Force on National Security in the Information Age
Creating a Trusted Network for Homeland Security Second Report of theMarkle Foundation Task Force Task Force on National Security MarkleFoundation (2003)
Protecting Americas Freedom in the Information Age A Report of the MarkleFoundation Task Force Task Force on National Security MarkleFoundation (October 2002)
CDT Reports-
Intermediary Liability Protecting Internet Platforms for Expression andInnovation Center for Democracy amp Technology (April 2010)
Patriot Act Sunsets Should Prompt Re-Consideration of Anti-Terror PowersAdjustments Needed To Protect Civil Liberties Center for Democracy ampTechnology website content (Sept 162009)
PASS ID Act Addresses Major Privacy Concerns in REAL ID Center forDemocracy amp Technology website content (June 152009)
White House Sets Framework for Cybersecurity Builds in Privacy Center forDetnocracy amp Technology website content (May 29 2009)
Cybersecurity Program Should Be More Transparent Protect Privacy Centerfor Democracy amp Technology website content (March 30 2009)
Domestic Intelligence System Grows without Controls Center for Democracyamp Technology website content (March 192009)
Show Us the Data Most Wanted Federal Documents Report by the Center forDemocracy amp Technology and OpenTheGoverntnentOrg (March 2009)
Investigative Guidelines Cement FBI Role As Domestic Intelligence AgencyRaising New Privacy Challenges Center for Democracy amp Technologywebsite content (October 29 2008)
Online Consumers at Risk and the Role of State Attorneys General Center forAmerican Progress and the Center for Democracy amp Technology (August2008)
Legislation Needed to Correct Widespread Errors in use of National SecurityLetters Center for Democracy amp Technology website content (May 142008)
Governance of Critical Internet Resources What Does Governance Mean
11
What Are Critical Internet Resources Prepared by the Center forDemocracy amp Technology for the Second Internet Governance Forum inRio de Janeiro Brazil (Nov 142007)
Bills Would Strengthen Weaken Surveillance Standards Center for Democracyamp Technology website content (Oct 26 2007)
Federal Appeals Court Holds Email Content Is Constitutionally ProtectedCenter for Democracy amp Technology website content (July 25 2007)
IRS Proposal Could Impact Millions of Internet Users Center for Democracy ampTechnology website content (May 4 2007)
Bill Introduced to Reform FBI Data Demands Center for Democracy ampTechnology website content (March 292007)
The Internet in Transition 2009 and Beyond A Platform to Keep the InternetOpen Innovative and Free Center for Democracy amp Technologywebsite content (Nov 172006) available athttp oldcdtorgelection2008
ICANN Seeks Input on Improving Transparency and Accountability Center forDemocracy amp Technology website content (Nov 172006)
Congress Poised to Consider Dangerous NSA Bills Center for Democracy ampTechnology website content (Sept 25 2006)
FISA Modernization is Dangerous and Premature Center for Democracy ampTechnology website content (Aug 2 2006)
Internet Governance Debate Poses Unique Global Challenges Center forDemocracy amp Technology website content (July 192006)
Court Upholds Imposition of Technical Design Mandates on the InternetCenter for Democracy amp Technology website content (June 132006)
Illegal NSA Data Mining Highlights Need for Congressional Oversight Centerfor Democracy amp Technology website content (May 112006)
President Signs PATRIOT Act Reauthorization Bill Lacking Civil LibertiesProtections Center for Democracy amp Technology website content(March 172006)
Digital Technology Makes Surveillance Easier Requiring Stronger PrivacyLaws Center for Democracy amp Technology website content (Feb 222006)
Congress Begins Deeper Investigation ofNSAs Warrantless Wiretapping
12
Program Center for Democracy amp Technology website content (Feb 142006)
Digital Search amp Seizure Updating Privacy Protections to Keep Pace withTechnology Center for Democracy amp Technology (February 2006)
Congress Needs to Hear About PATRIOT Renewal Center for Democracy ampTechnology website content (Jan 4 2006)
Civil Liberties Crisis Confronts Nation Center for Democracy amp Technologywebsite content (Dec 19 2005)
PATRIOT Act Deal Falls Short on Civil Liberties Checks and Balances Centerfor Democracy amp Technology website content (Dec 122005)
Congressional Revolt Over Civil Liberties PATRIOT Reform Hangs in theBalance Center for Democracy amp Technology website content (Nov 112005)
Federal Appeals Court Reaffirms E-Mail Privacy Protections Center forDemocracy amp Technology website content (Aug 182005)
Civil Liberties at Issue in PATRIOT Act Reauthorization Center forDemocracy amp Technology website content (June 2 2005)
SAFE Act Would Control PATRIOT Powers Center for Democracy ampTechnology website content (April 26 2005)
Federal ID Proposals for US Citizens and Others Grow in Number and ScopeCenter for Democracy amp Technology website content (Jan 182005)
Technologies That Can Protect Privacy as Information is Shared to CombatTerrorism Center for Democracy amp Technology (May 26 2004)
The Internet and Law Enforcement Surveillance Extension of CALEA to theInternet Would Be Unlawful Unnecessary and Unwise Center forDemocracy amp Technology (May 20 2004)
No Design Mandates for Internet CDT Tells FCC Center for Democracy ampTechnology website content (April 28 2004)
Googles GMail Highlights General Privacy Concerns Center for Democracy ampTechnology website content (April 12 2004)
The Internet and Law Enforcement Surveillance Law Enforcement ConcernsCan Be Addressed Without Regulation Which Would Stifle InnovationRaise Costs Risk Security Center for Democracy amp Technology (March192004)
13
GAO Echoes CDT Criticisms of CAPPS II Coalition Calls for HearingsCenter for Democracy amp Technology website content (Feb 26 2004)
Security Holes at DMVs Feed ID Theft Offer Lessons for National ID CardDebate Center for Democracy amp Technology website content (Feb 32004)
Privacys Gap The Largely Non-Existent Legal Framework for GovernmentMining of Commercial Data Center for Democracy amp Technology(May 19 2003)
Part 4 Information Security and Government Policies in InformationTechnology Security Handbook (2003)
The E-Government Handbook for Developing Countries Project ofInfoDevand the Center for Democracy amp Technology (November 2002)
Appeals Court Rules on FCC CALEA Decision Center for Democracy ampTechnology website content (Aug 152000)
Bridging the Digital Divide Internet Access in Central and Eastern EuropeCenter for Democracy amp Technology (2000)
Square Pegs amp Round Holes Applying Campaign Finance Law to the Internet -Risks to Free Expression amp Democratic Values Center for Democracy ampTechnology (October 1999)
Regardless of Frontiers Protecting The Human Right to Freedom ofExpression on the Global Internet Global Internet Liberty Campaign(1998)
GIPI Reports
A Process for Developing Internet Policy The Model of the NationalICTInternet Summit - The Case Study of the Kyrgyz Republic GlobalInternet Policy Initiative (April 2001)
Licensing Options for Internet Service Providers Global Internet PolicyInitiative (June 23 2001 updated Sept 25 2002)
Application of Defamation Laws to the Internet Global Internet PolicyInitiative (October 2001)
14
Flat Rate versus Per Minute Charges for Telephone Service The Relationshipbetween Internet Access and Telephone Tariffs Global Internet PolicyInitiative (Dec 4 2001)
Taxation ofE-Commerce Global Internet Policy Initiative (December 2001)
Voice-over-IP The Future of Communications Global Internet Policy Initiative(April 29 2002)
Best Practices for Telecommunications Reform Global Internet PolicyInitiative (May 2002)
The Keys to the Back Office Building a Legal and Policy Framework to AttractIT-Enabled Outsourcing Global Internet Policy Initiative (May 2002)
Redelegation of Country Code Top Level Domains Global Internet PolicyInitiative (February 2003)
Trust And Security In Cyberspace The Legal And Policy Framework forAddressing Cybercrime Global Internet Policy Initiative (September2005)
Privacy and E-Government Privacy Impact Assessments and PrivacyCommissioners -Two Mechanisms for Protecting Privacy to PromoteCitizen Trust Online Global Internet Policy Initiative (May 12003)
Copyright and the Internet Building National Legislative Frameworks Based onInternational Copyright Law Olena Dmytrenko and James X DempseyGlobal Internet Policy Initiative (December 2004)
The Regulatory Framework for E-Commerce -International LegislativePractice Global Internet Policy Initiative (May 21 2002)
Creating the Legal Framework for ICT Development The Example ofE-Signature Legislation in Emerging Market Economies James XDempsey Global Internet Policy Initiative (2003)
The International Legal Framework for Data Protection and Its Transposition toDeveloping and Transitional Countries Global Internet Policy Initiative(Dec 28 2004)
Management of ccTLDs by Member States ofthe European Union GlobalInternet Policy Initiative (Oct 26 2002)
Building Local E-Government through Public-Private Partnerships ConferenceConclusions Conference on E-Government in Romania Global InternetPolicy Initiative (2005)
15
Additionally I managed all web content for the Global Internet Policy Initiativeavailable at httpwwwinternetpolicynet
c Supply four (4) copies of any testimony official statements or othercommunications relating in whole or in part to matters of public policy or legalinterpretation that you have issued or provided or that others presented on yourbehalf to public bodies or public officials
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
TestimonyTestimony before the Senate Judiciary Committee on The Electronic
Communications Privacy Act Promoting Security and Protecting Privacyin the Digital Age Sept 22 2010
Testimony before the House Judiciary Committee Subcommittee on theConstitution Civil Rights and Civil Liberties on ElectronicCommunications Privacy Act Reform May 52010
Testimony before the House Intelligence Committee on FISA and the ProtectAmerica Act Sept 182007
Testimony before the Senate Judiciary Committee on FISA and the ProtectAmerica Act Sept 25 2007
Testimony before the House Intelligence Committee on National Security LettersMar 28 2007
Testimony before the Presidents Privacy and Civil Liberties Oversight Board onPrivacy and Information Sharing for Counterterrorism Dec 52006
Testimony before the House Committee on the Judiciary Subcommittee onCrime Terrorism and Homeland Security on Updating FISA Sept 62006
Testimony before the Senate Judiciary Committee on Modernization of theForeign Intelligence Surveillance Act July 26 2006
Testimony before the House Intelligence Committee on Modernization of theForeign Intelligence Surveillance Act (FISA) July 192006
Testimony before the House Committee on Homeland Security Subcommittee on
16
Economic Security Infrastructure Protection and Cybersecurity onImproving Pre-Screening of Aviation Passengers against Terrorist andOther Watch Lists June 29 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act May 24 2005
Testimony before the House Permanent Select Committee on Intelligence on thePATRIOT Act May 112005
Testimony before the Senate Committee on the Judiciary on the PATRIOT ActMay 102005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Oversight Hearing on Implementation of the USAPATRIOT Act Section 212 May 5 2005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Implementation of the USA PATRIOT ActSections of the Act that Address Crime Terrorism and the Age ofTechnology April 21 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act April 19 2005
Testimony before the Senate Committee on the Judiciary on Securing ElectronicPersonal Data Striking a Balance Between Privacy and Commercial andGovernmental Use April 13 2005
Testimony before the Subcommittee on Telecommunications and the InternetHouse Committee on Energy and Commerce on Law Enforcement Accessto Communications Systems in a Digital Age Sept 8 2004
Testimony before the House Committee on Government Reform on Moving fromNeed to Know to Need to Share A Review ofthe 9-11 CommissionsRecommendations Aug 32004
Testimony before the Senate Committee on Commerce Science andTransportation on S 2281 The VOIP Regulatory Freedom Act of 2004June 16 2004
Testimony before the House Committee on the Judiciary Subcommittee onCommercial and Administrative Law on Privacy in the Hands of theGovernment The Privacy Officer for the Department of HomelandSecurity Feb 102004
Testimony before the Senate Committee on the Judiciary on America after 911Freedom Preserved or Freedom Lost Nov 182003
17
Testimony before the Subcommittee on Commercial and Administrative Law andthe Subcommittee on the Constitution of the House Judiciary Committeeon The Defense of Privacy Act and Privacy in the Hands of theGovernment July 22 2003
Testimony before the House Committee on the Judiciary Subcommittee on theConstitution on Anti-Terrorism Investigations and the Fourth AmendmentAfter September 11 Where and When Can the Government Go to PreventTerrorist Attacks May 202003
Testimony before the Subcommittee on Government Efficiency FinancialManagement and Intergovernmental Relations and the Subcommittee forTechnology and Procurement Policy of the House Committee onGovernment Reform on HR 3844 the Federal Information SecurityReform Act of 2002 May 2 2002
Testimony before the House Committee on the Judiciary Forum on NationalSecurity and the Constitution on the Nations Counter-Terrorism Programsand their Implications for Civil Liberties Jan 24 2002
Testimony before the House Committee on the Judiciary on Legislative Measuresto Improve Americas Counter-Terrorism Programs Sept 24 2001
Testimony before the House Subcommittee on the Constitution on privacylegislation Sept 6 2000
Testimony before the Senate Judiciary Committee on Carnivore Sept 62000
Testimony before the Senate Judiciary Committee on Internet Security andPrivacy May 25 2000
Testimony before the House Judiciary Subcommittee on the Constitution on TheFourth Amendment and the Internet April 6 2000
Testimony before the Subcommittee on Crime of the House Judiciary Committeeand the Subcommittee on Criminal Justice Oversight of the SenateJudiciary Committee on Internet Denial of Service Attacks and the FederalResponse Feb 29 2000
Testimony before the Commerce Committee on the Wireless PrivacyEnhancement Act of 1999 and the Wireless Communications and PublicSafety Enhancement Act of 1999 Feb 3 1999
Testimony before the House Committee on the Judiciary Subcommittee on Crimeon CALEA Implementation Oct 23 1997
18
Other CommunicationsComments of the Center for Democracy amp Technology regarding Cybersecurity
Innovation and the Internet Economy Docket No 100721305-0305-01before the US Department of Commerce September 202010
Comments of the Center for Democracy amp Technology regarding the Frameworkfor Broadband Internet Service GN Docket No 10-127 before theFederal Communications Commission July 152010
Comments of the Center for Democracy amp Technology regarding the Notice ofInquiry regarding the Assessment of the Transition of the TechnicalCoordination and Management of the Internets Domain Name andAddressing System before The National Telecommunications andInformation Administration within the US Department of CommerceJune 82009
Comments of the Center for Democracy amp Technology regarding TheContinued Transition of the Technical Coordination and Management ofthe Internets Domain Name and Addressing System Midterm Review ofthe Joint Project Agreement before The National Telecommunicationsand Information Administration within the US Department ofCommerce January 25 2008
Joint comments on the Petition for Expedited Rulemaking to Establish TechnicalRequirements and Standards Pursuant to Section 107 (b) of theCommunications Assistance for Law Enforcement Act before theFederal Communications Commission July 25 2007
Reply Comments by Industry and Public Interest Commenters in support of thePetition for Reconsideration and Clarification of the CALEAApplicability Order filed by the United States Telecom Association ETDocket No 04-295 before the Federal Communications CommissionJanuary 30 2006
Comments in support of the Petition for Reconsideration and Clarification of theCALEA Applicability Order ET Docket No 04-295 before the FederalCommunications Commission December 302005
Request for stay pending issuance of subsequent orders and for stay pendingjudicial review regarding the Communications Assistance for LawEnforcement Act and Broadband Access and Services ET Docket No 04-295 before the Federal Communications Commission November 232005
Joint Comments to the further notice of proposed rulemaking regarding the
19
Communications Assistance for Law Enforcement Act and BroadbandAccess and Services ET Docket No 04-295 before the FederalCommunications Commission November 142005
Bipartisan Working Group of Former Government Officials RecommendationsRegarding the Expiring Provisions ofthe Patriot Act July 172005
Letter to the Honorable John Sununu regarding Voice over Internet Protocol(VOIP) serves June 21 2004
Letter to Senator Akaka from the Center for Democracy amp Technology ACLUand the Electronic Privacy Information Center (EPIC) regarding datamining May 26 2004
Reply Comments of the Center for Democracy amp Technology regarding the JointPetition for Rulemaking to Resolve Various Outstanding IssuesConcerning the Implementation of the Communications Assistance forLaw Enforcement Act before the Federal Communications CommissionApril 27 2004
Letter to the Honorable Don Young and the Honorable James Oberstar regardingthe Transportation Security Administrations Computer AssistedPassenger Pre screening System (CAPPS II) February 172004
Comments ofthe Center for Democracy amp Technology on the Notice of Status ofSystem Records Interim Final Notice 68 Fed Reg 45265-01 (Aug 12003) Docket No DHSTSA-2003-01 September 302003
Comments on TSA s proposed Aviation Security Screening Records System 68Fed Reg 2101 (Jan 152003) Feb 242003
Comments on the Petition of the Cellular Telecommunications IndustryAssociation for a Rulemaking to Establish Fair Location InformationPractices before the Federal Communications Commission April 62001
Comments of the Center for Democracy amp Technology on the Council of EuropeDraft Convention on Cyber-crime Draft No 25 before the Council ofEurope and the US Department of Justice February 6 2001
Reply Comments of the Center for Democracy amp Technology regarding theCommunications Assistance for Law Enforcement Act CC Docket No97-213 before the Federal Communications Commission January 271999
Comments of the Center for Democracy and Technology on the CommunicationsAssistance for Law Enforcement Act CC Docket No 97-213 before theFederal Communications Commission May 20 1998
20
Comments ofthe Center for Democracy and Technology regarding theCommunications Assistance for Law Enforcement Act Extension ofOctober 1998 Compliance Date CC Docket No 97-213 before theFederal Communications Commission April 2 1998
d Supply four (4) copies transcripts or recordings of all speeches or talks deliveredby you including commencement speeches remarks lectures panel discussionsconferences political speeches and question-and-answer sessions Include thedate and place where they were delivered and readily available press reportsabout the speech or talk If you do not have a copy of the speech or a transcript orrecording of your remarks give the name and address of the group before whomthe speech was given the date of the speech and a summary of its subject matterIf you did not speak from a prepared text furnish a copy of any outline or notesfrom which you spoke
The list below consists of speeches or talks identified from my recollection frommy files and from search ofInternet databases Despite my searches there maybe other speeches or talks I have been unable to identifY find or remember
February 8 or 9 1994 - spoke on a panel about criminal history records at theNational Conference on Criminal History Records Brady and Beyondorganized by the Bureau of Justice Statistics US Department of JusticeConstitution Ave NW Washington DC and SEARCH 7311 Greenhaven DriveSuite 145 Sacramento California 95831
August 3 1994 - spoke on a panel about gang databases at the InternationalSymposium Criminal Justice Information Systems and Technology Buildingthe Infrastructure organized by SEARCH 7311 Greenhaven Drive Suite 145Sacramento California 95831
October 7 1998 - Presentation on Protecting the Human Right to Freedom ofExpression on the Global Internet made at the conference on the Public Voice inthe Development of Internet Policy Ottawa Canada organized by the ElectronicPrivacy Information Center 1718 Connecticut Ave NW Suite 200 WashingtonDC 20009 httpthepublicvoiceorgeventsottawa98defaulthtml (PowerPointattached - hardcopy)
April 2001 - Global Internet Policy initiative Promoting the Development of theInternet through Legal and Policy Reform Almaty Kazakhstan sponsored by theOpen Society Institute IlIA Zhe1toksan St Office 9 Almaty 050000 Kazakhstan(PowerPoint attached - hardcopy)
June 2001 - presented on Content Controls Freedom of Expression and ISPLiability on the Internet and Internet Policy Overview The legal and
21
Regulatory Framework Enabling Development of the Internet at the AdvancedNetwork Workshop Stockholm Sweden sponsored by the Internet Society 1775Wiehle Avenue Suite 201 Reston VA (PowerPoints (2) submittedelectronically)
July 2001 - Internet and Democracy The Legal and Regulatory Frameworkpresentation at the National Foreign Affairs Training Center US Department ofState 2201 CSt NW Washington DC (PowerPoint submitted electronically)
July 2001 - spoke about Internet Policy Overview The Legal and RegulatoryFramework Enabling Development of the Internet as an Engine of EconomicGrowth at a telecommunications regulatory study tour training sessionsponsored by the US Telecommunications Training Institute 1150 ConnecticutAve NW Washington DC (PowerPoint submitted electronically)
April 2002 - spoke about Overview of Internet legislation The Legal andRegulatory Framework for Development of the Internet - Global Perspective inTashkent Uzbekistan organized by the Global Internet Policy Initiative-UZ 31Kamo1 Jalilov Street Tashkent and the United national Development ProgrammeOne United Nations Plaza New York NY 10017 (PowerPoint submittedelectronically)
June 18 2002 - Tutorial Legal and Regulatory Issues A Primer - ConsumerPrivacy Overview and Government Surveillance INET 02 sponsored by theInternet Society 1775 Wiehle Avenue Suite 201 Reston VA20190-5108 USA (PowerPoints (3) submitted electronically)
October 2002 - I am submitting electronically a PowerPoint dated October 2002on the subject Internet Policy Overview The Legal and Regulatory FrameworkEnabling Development ofthe Internet as an Engine of Economic Growth - basedon a review of my records I cannot determine whether I actually gave such apresentation in October 2002 let alone where
April 21 2003 - I am submitting electronically a PowerPoint dated April 212003 on the subject Privacy Overview - based on a review of my records Icannot determine whether I actually gave such a presentation in April 2003 letalone where
June 27 2003 - The Legal and Regulatory Framework Enabling Development ofthe Internet as an Engine of Economic Growth and DemocratizationUNITARIINTEL Seminar 2 United Nations Plaza New York City (PowerPointsubmitted electronically)
September 8 2003 - Protecting Privacy and Freedom of Communication in theFight against Cybercrime Southeast Europe Cybersecurity Conference in SofiaBulgaria sponsored by the United States Government Department of State 2201C Street NW Washington DC and the Government of Bulgariahttpwwwcybersecuritycooperationorg (PowerPoint submitted electronically)
22
March 72004 - spoke at a workshop in Washington DC entitled CivilLiberties The Patriot Act The Toll on Our Rights convened by the NationalCouncil of Jewish Womens Washington Institute in Washington DC 1707 LStreet NW Suite 950 Washington DC 20036-4206
March 10 2004 - spoke on CALEA and VoIP at a brown bag lunch meeting ofthe DC Bars Computer and Telecommunications Law Section 1101 K StreetNW Suite 200 Washington DC
May 11 2004 - spoke about CALEA at a VoIP conference in Reston VAorganized by Law Seminars International 800 Fifth Avenue Suite 101 SeattleWA 98104
May 18 2004 - participated in a panel discussion on Internet governance at theMicrosoft Government Leaders Forum One Microsoft Way Redmond WA inSeattle Washington
June 4 2004 - spoke about Human Rights and the War on Terrorism at the USForeign Policy Colloquium sponsored by the National Committee on UnitedStates- China Relations 71 West 23rd Street Suite 1901 New York NY 10010-4102 (PowerPoint attached - hardcopy)
June 18 2004 - spoke on a panel on Government Surveillance Civil Libertiesand the War on Terror at the National Convention of the American ConstitutionSociety 1333 H Street NW 11th Floor Washington DC
July 2004 - Internet and Democracy The Legal and Regulatory FrameworkEnabling Development of the Internet as an Engine of Economic Growth andDemocratization presentation at National Foreign Affairs Training Center USDepartment of State 2201 C 81 NW Washington DC (PowerPoints (2)submitted electronically)
September 16 2004 - spoke on cybersecurity issues at the Academy forEducational Development 1825 Connecticut Ave NW Washington DC 20009-5721 as part of the DOT-COMInterAction Speaker Series Cyber-SecurityIssues in International Development Environments (PowerPoint submittedelectronically and handwritten notes attached in hardcopy
September 30 2004 - moderated a panel on Government Industry and Securityat the Privacy and National Security Forum in Washington DC sponsored by theInternational Association of Privacy Professionals 75 Rochester Ave Suite 4Portsmouth NH 03801 USA
October 62004 - presentation on The Patriot Act Civil Liberties and the War onTerrorism at LocationOne 26 Greene Street New York New York 10013
23
October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
24
May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
27
May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
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8
Conference on Privacy Technology and Criminal Justice Informationproceedings ofa Bureau of Justice StatisticsSEARCH conference (2001)
Control y Supervision Legislativa del FBI en Estados Unidos in ControlDemocratico en el Mantenimiento de la Seguridad Interior 1998(hardcopy attached)
Control y supervision legislative del FBI en Estados Unidos in Policia ysociedad democratic a 1998 (hardcopy attached)
The Terrors of Counterterrorism The Recorder May 11 1995 (hardcopyattached)
CDr blog entriesA Good Start for the 110th
CDT Blog Jan 102007
A Global Forum on National Issues CDT BIog Nov 62006
A Wake-Up Call for Reform CDT Blog Mar 142007
Admin Cyber-Security Plan Raises Concerns over NSAs Role CDT BIogNov 82007
CTO Aneesh Chopra - A Breath of Fresh Air CDT Blog Aug 6 2009
Congressional Oversight on Privacy and National Security CDT BIogNov 10 2006
Does Targeting Authorize the Vacuum Cleaner CDT Blog June 252008
ICANN US Government Mfirm Private Sector Lead in Domain NameGovernance CDT Blog Sept 302009
Internet Governance The Contribution ofthe IGF CDT Blog July 152010
More Bad News CDT Blog June 9 2006
New Urban Myth The Internet ID Scare CDT BIog Jan 112011
Privacy in the Age of Big Data CDT BIog Aug 20 2009
Progressives Should Embrace Intent Behind Violent Radicalization Bill CDTBlog Dec 14 2007
Supreme Court Holds Stead on Workplace Privacy CDT Blog June 172010
9
The Real Story on Warrantless Surveillance CDT Blog Aug 2 2007
Transparency Privacy and Financial Services Reform CDT Blog April262010
What Do the Twitter Subpoenas Mean CDT Blog Jan 122011
Why the NSA Should Not Lead Cybersecurity Government-Wide CDT BlogApril 21 2009
b Supply four (4) copies of any reports memoranda or policy statements youprepared or contributed in thepreparation of on behalf of any bar associationcommittee conference or organization of which you were or are a member Ifyou do not have a copy of a report memorandum or policy statement give thename and address of the organization that issued it the date of the document anda summary of its subject matter
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
Markle Foundation- Connecting for Health Initiative
Consumers as Network Participants Common Framework for NetworkedPersonal Health Information Connecting for Health Markle Foundation(June 2008)
Overview and Principles Common Framework for Networked Personal HealthInformation Connecting for Health Markle Foundation (June 2008)
Linking Health Care Information Proposed Methods for Improving Care andProtecting Privacy Connecting for Health Markle Foundation (February2005)
Achieving Electronic Connectivity in Healthcare A Roadmap from the NationsPublic and Private Sector Healthcare Leaders Connecting for HealthMarkle Foundation (Fall 2004)
Achieving Electronic Connectivity in Healthcare Summary ofRecommendations Connecting for Health Markle Foundation (July2004)
Achieving Electronic Connectivity in Healthcare A Preliminary Roadmap fromthe Nations Public and Private Sector Healthcare Leaders Connectingfor Health Markle Foundation (July 2004)
10
Markle Foundation-Task Force on National Security in the Information Age
Creating a Trusted Network for Homeland Security Second Report of theMarkle Foundation Task Force Task Force on National Security MarkleFoundation (2003)
Protecting Americas Freedom in the Information Age A Report of the MarkleFoundation Task Force Task Force on National Security MarkleFoundation (October 2002)
CDT Reports-
Intermediary Liability Protecting Internet Platforms for Expression andInnovation Center for Democracy amp Technology (April 2010)
Patriot Act Sunsets Should Prompt Re-Consideration of Anti-Terror PowersAdjustments Needed To Protect Civil Liberties Center for Democracy ampTechnology website content (Sept 162009)
PASS ID Act Addresses Major Privacy Concerns in REAL ID Center forDemocracy amp Technology website content (June 152009)
White House Sets Framework for Cybersecurity Builds in Privacy Center forDetnocracy amp Technology website content (May 29 2009)
Cybersecurity Program Should Be More Transparent Protect Privacy Centerfor Democracy amp Technology website content (March 30 2009)
Domestic Intelligence System Grows without Controls Center for Democracyamp Technology website content (March 192009)
Show Us the Data Most Wanted Federal Documents Report by the Center forDemocracy amp Technology and OpenTheGoverntnentOrg (March 2009)
Investigative Guidelines Cement FBI Role As Domestic Intelligence AgencyRaising New Privacy Challenges Center for Democracy amp Technologywebsite content (October 29 2008)
Online Consumers at Risk and the Role of State Attorneys General Center forAmerican Progress and the Center for Democracy amp Technology (August2008)
Legislation Needed to Correct Widespread Errors in use of National SecurityLetters Center for Democracy amp Technology website content (May 142008)
Governance of Critical Internet Resources What Does Governance Mean
11
What Are Critical Internet Resources Prepared by the Center forDemocracy amp Technology for the Second Internet Governance Forum inRio de Janeiro Brazil (Nov 142007)
Bills Would Strengthen Weaken Surveillance Standards Center for Democracyamp Technology website content (Oct 26 2007)
Federal Appeals Court Holds Email Content Is Constitutionally ProtectedCenter for Democracy amp Technology website content (July 25 2007)
IRS Proposal Could Impact Millions of Internet Users Center for Democracy ampTechnology website content (May 4 2007)
Bill Introduced to Reform FBI Data Demands Center for Democracy ampTechnology website content (March 292007)
The Internet in Transition 2009 and Beyond A Platform to Keep the InternetOpen Innovative and Free Center for Democracy amp Technologywebsite content (Nov 172006) available athttp oldcdtorgelection2008
ICANN Seeks Input on Improving Transparency and Accountability Center forDemocracy amp Technology website content (Nov 172006)
Congress Poised to Consider Dangerous NSA Bills Center for Democracy ampTechnology website content (Sept 25 2006)
FISA Modernization is Dangerous and Premature Center for Democracy ampTechnology website content (Aug 2 2006)
Internet Governance Debate Poses Unique Global Challenges Center forDemocracy amp Technology website content (July 192006)
Court Upholds Imposition of Technical Design Mandates on the InternetCenter for Democracy amp Technology website content (June 132006)
Illegal NSA Data Mining Highlights Need for Congressional Oversight Centerfor Democracy amp Technology website content (May 112006)
President Signs PATRIOT Act Reauthorization Bill Lacking Civil LibertiesProtections Center for Democracy amp Technology website content(March 172006)
Digital Technology Makes Surveillance Easier Requiring Stronger PrivacyLaws Center for Democracy amp Technology website content (Feb 222006)
Congress Begins Deeper Investigation ofNSAs Warrantless Wiretapping
12
Program Center for Democracy amp Technology website content (Feb 142006)
Digital Search amp Seizure Updating Privacy Protections to Keep Pace withTechnology Center for Democracy amp Technology (February 2006)
Congress Needs to Hear About PATRIOT Renewal Center for Democracy ampTechnology website content (Jan 4 2006)
Civil Liberties Crisis Confronts Nation Center for Democracy amp Technologywebsite content (Dec 19 2005)
PATRIOT Act Deal Falls Short on Civil Liberties Checks and Balances Centerfor Democracy amp Technology website content (Dec 122005)
Congressional Revolt Over Civil Liberties PATRIOT Reform Hangs in theBalance Center for Democracy amp Technology website content (Nov 112005)
Federal Appeals Court Reaffirms E-Mail Privacy Protections Center forDemocracy amp Technology website content (Aug 182005)
Civil Liberties at Issue in PATRIOT Act Reauthorization Center forDemocracy amp Technology website content (June 2 2005)
SAFE Act Would Control PATRIOT Powers Center for Democracy ampTechnology website content (April 26 2005)
Federal ID Proposals for US Citizens and Others Grow in Number and ScopeCenter for Democracy amp Technology website content (Jan 182005)
Technologies That Can Protect Privacy as Information is Shared to CombatTerrorism Center for Democracy amp Technology (May 26 2004)
The Internet and Law Enforcement Surveillance Extension of CALEA to theInternet Would Be Unlawful Unnecessary and Unwise Center forDemocracy amp Technology (May 20 2004)
No Design Mandates for Internet CDT Tells FCC Center for Democracy ampTechnology website content (April 28 2004)
Googles GMail Highlights General Privacy Concerns Center for Democracy ampTechnology website content (April 12 2004)
The Internet and Law Enforcement Surveillance Law Enforcement ConcernsCan Be Addressed Without Regulation Which Would Stifle InnovationRaise Costs Risk Security Center for Democracy amp Technology (March192004)
13
GAO Echoes CDT Criticisms of CAPPS II Coalition Calls for HearingsCenter for Democracy amp Technology website content (Feb 26 2004)
Security Holes at DMVs Feed ID Theft Offer Lessons for National ID CardDebate Center for Democracy amp Technology website content (Feb 32004)
Privacys Gap The Largely Non-Existent Legal Framework for GovernmentMining of Commercial Data Center for Democracy amp Technology(May 19 2003)
Part 4 Information Security and Government Policies in InformationTechnology Security Handbook (2003)
The E-Government Handbook for Developing Countries Project ofInfoDevand the Center for Democracy amp Technology (November 2002)
Appeals Court Rules on FCC CALEA Decision Center for Democracy ampTechnology website content (Aug 152000)
Bridging the Digital Divide Internet Access in Central and Eastern EuropeCenter for Democracy amp Technology (2000)
Square Pegs amp Round Holes Applying Campaign Finance Law to the Internet -Risks to Free Expression amp Democratic Values Center for Democracy ampTechnology (October 1999)
Regardless of Frontiers Protecting The Human Right to Freedom ofExpression on the Global Internet Global Internet Liberty Campaign(1998)
GIPI Reports
A Process for Developing Internet Policy The Model of the NationalICTInternet Summit - The Case Study of the Kyrgyz Republic GlobalInternet Policy Initiative (April 2001)
Licensing Options for Internet Service Providers Global Internet PolicyInitiative (June 23 2001 updated Sept 25 2002)
Application of Defamation Laws to the Internet Global Internet PolicyInitiative (October 2001)
14
Flat Rate versus Per Minute Charges for Telephone Service The Relationshipbetween Internet Access and Telephone Tariffs Global Internet PolicyInitiative (Dec 4 2001)
Taxation ofE-Commerce Global Internet Policy Initiative (December 2001)
Voice-over-IP The Future of Communications Global Internet Policy Initiative(April 29 2002)
Best Practices for Telecommunications Reform Global Internet PolicyInitiative (May 2002)
The Keys to the Back Office Building a Legal and Policy Framework to AttractIT-Enabled Outsourcing Global Internet Policy Initiative (May 2002)
Redelegation of Country Code Top Level Domains Global Internet PolicyInitiative (February 2003)
Trust And Security In Cyberspace The Legal And Policy Framework forAddressing Cybercrime Global Internet Policy Initiative (September2005)
Privacy and E-Government Privacy Impact Assessments and PrivacyCommissioners -Two Mechanisms for Protecting Privacy to PromoteCitizen Trust Online Global Internet Policy Initiative (May 12003)
Copyright and the Internet Building National Legislative Frameworks Based onInternational Copyright Law Olena Dmytrenko and James X DempseyGlobal Internet Policy Initiative (December 2004)
The Regulatory Framework for E-Commerce -International LegislativePractice Global Internet Policy Initiative (May 21 2002)
Creating the Legal Framework for ICT Development The Example ofE-Signature Legislation in Emerging Market Economies James XDempsey Global Internet Policy Initiative (2003)
The International Legal Framework for Data Protection and Its Transposition toDeveloping and Transitional Countries Global Internet Policy Initiative(Dec 28 2004)
Management of ccTLDs by Member States ofthe European Union GlobalInternet Policy Initiative (Oct 26 2002)
Building Local E-Government through Public-Private Partnerships ConferenceConclusions Conference on E-Government in Romania Global InternetPolicy Initiative (2005)
15
Additionally I managed all web content for the Global Internet Policy Initiativeavailable at httpwwwinternetpolicynet
c Supply four (4) copies of any testimony official statements or othercommunications relating in whole or in part to matters of public policy or legalinterpretation that you have issued or provided or that others presented on yourbehalf to public bodies or public officials
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
TestimonyTestimony before the Senate Judiciary Committee on The Electronic
Communications Privacy Act Promoting Security and Protecting Privacyin the Digital Age Sept 22 2010
Testimony before the House Judiciary Committee Subcommittee on theConstitution Civil Rights and Civil Liberties on ElectronicCommunications Privacy Act Reform May 52010
Testimony before the House Intelligence Committee on FISA and the ProtectAmerica Act Sept 182007
Testimony before the Senate Judiciary Committee on FISA and the ProtectAmerica Act Sept 25 2007
Testimony before the House Intelligence Committee on National Security LettersMar 28 2007
Testimony before the Presidents Privacy and Civil Liberties Oversight Board onPrivacy and Information Sharing for Counterterrorism Dec 52006
Testimony before the House Committee on the Judiciary Subcommittee onCrime Terrorism and Homeland Security on Updating FISA Sept 62006
Testimony before the Senate Judiciary Committee on Modernization of theForeign Intelligence Surveillance Act July 26 2006
Testimony before the House Intelligence Committee on Modernization of theForeign Intelligence Surveillance Act (FISA) July 192006
Testimony before the House Committee on Homeland Security Subcommittee on
16
Economic Security Infrastructure Protection and Cybersecurity onImproving Pre-Screening of Aviation Passengers against Terrorist andOther Watch Lists June 29 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act May 24 2005
Testimony before the House Permanent Select Committee on Intelligence on thePATRIOT Act May 112005
Testimony before the Senate Committee on the Judiciary on the PATRIOT ActMay 102005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Oversight Hearing on Implementation of the USAPATRIOT Act Section 212 May 5 2005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Implementation of the USA PATRIOT ActSections of the Act that Address Crime Terrorism and the Age ofTechnology April 21 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act April 19 2005
Testimony before the Senate Committee on the Judiciary on Securing ElectronicPersonal Data Striking a Balance Between Privacy and Commercial andGovernmental Use April 13 2005
Testimony before the Subcommittee on Telecommunications and the InternetHouse Committee on Energy and Commerce on Law Enforcement Accessto Communications Systems in a Digital Age Sept 8 2004
Testimony before the House Committee on Government Reform on Moving fromNeed to Know to Need to Share A Review ofthe 9-11 CommissionsRecommendations Aug 32004
Testimony before the Senate Committee on Commerce Science andTransportation on S 2281 The VOIP Regulatory Freedom Act of 2004June 16 2004
Testimony before the House Committee on the Judiciary Subcommittee onCommercial and Administrative Law on Privacy in the Hands of theGovernment The Privacy Officer for the Department of HomelandSecurity Feb 102004
Testimony before the Senate Committee on the Judiciary on America after 911Freedom Preserved or Freedom Lost Nov 182003
17
Testimony before the Subcommittee on Commercial and Administrative Law andthe Subcommittee on the Constitution of the House Judiciary Committeeon The Defense of Privacy Act and Privacy in the Hands of theGovernment July 22 2003
Testimony before the House Committee on the Judiciary Subcommittee on theConstitution on Anti-Terrorism Investigations and the Fourth AmendmentAfter September 11 Where and When Can the Government Go to PreventTerrorist Attacks May 202003
Testimony before the Subcommittee on Government Efficiency FinancialManagement and Intergovernmental Relations and the Subcommittee forTechnology and Procurement Policy of the House Committee onGovernment Reform on HR 3844 the Federal Information SecurityReform Act of 2002 May 2 2002
Testimony before the House Committee on the Judiciary Forum on NationalSecurity and the Constitution on the Nations Counter-Terrorism Programsand their Implications for Civil Liberties Jan 24 2002
Testimony before the House Committee on the Judiciary on Legislative Measuresto Improve Americas Counter-Terrorism Programs Sept 24 2001
Testimony before the House Subcommittee on the Constitution on privacylegislation Sept 6 2000
Testimony before the Senate Judiciary Committee on Carnivore Sept 62000
Testimony before the Senate Judiciary Committee on Internet Security andPrivacy May 25 2000
Testimony before the House Judiciary Subcommittee on the Constitution on TheFourth Amendment and the Internet April 6 2000
Testimony before the Subcommittee on Crime of the House Judiciary Committeeand the Subcommittee on Criminal Justice Oversight of the SenateJudiciary Committee on Internet Denial of Service Attacks and the FederalResponse Feb 29 2000
Testimony before the Commerce Committee on the Wireless PrivacyEnhancement Act of 1999 and the Wireless Communications and PublicSafety Enhancement Act of 1999 Feb 3 1999
Testimony before the House Committee on the Judiciary Subcommittee on Crimeon CALEA Implementation Oct 23 1997
18
Other CommunicationsComments of the Center for Democracy amp Technology regarding Cybersecurity
Innovation and the Internet Economy Docket No 100721305-0305-01before the US Department of Commerce September 202010
Comments of the Center for Democracy amp Technology regarding the Frameworkfor Broadband Internet Service GN Docket No 10-127 before theFederal Communications Commission July 152010
Comments of the Center for Democracy amp Technology regarding the Notice ofInquiry regarding the Assessment of the Transition of the TechnicalCoordination and Management of the Internets Domain Name andAddressing System before The National Telecommunications andInformation Administration within the US Department of CommerceJune 82009
Comments of the Center for Democracy amp Technology regarding TheContinued Transition of the Technical Coordination and Management ofthe Internets Domain Name and Addressing System Midterm Review ofthe Joint Project Agreement before The National Telecommunicationsand Information Administration within the US Department ofCommerce January 25 2008
Joint comments on the Petition for Expedited Rulemaking to Establish TechnicalRequirements and Standards Pursuant to Section 107 (b) of theCommunications Assistance for Law Enforcement Act before theFederal Communications Commission July 25 2007
Reply Comments by Industry and Public Interest Commenters in support of thePetition for Reconsideration and Clarification of the CALEAApplicability Order filed by the United States Telecom Association ETDocket No 04-295 before the Federal Communications CommissionJanuary 30 2006
Comments in support of the Petition for Reconsideration and Clarification of theCALEA Applicability Order ET Docket No 04-295 before the FederalCommunications Commission December 302005
Request for stay pending issuance of subsequent orders and for stay pendingjudicial review regarding the Communications Assistance for LawEnforcement Act and Broadband Access and Services ET Docket No 04-295 before the Federal Communications Commission November 232005
Joint Comments to the further notice of proposed rulemaking regarding the
19
Communications Assistance for Law Enforcement Act and BroadbandAccess and Services ET Docket No 04-295 before the FederalCommunications Commission November 142005
Bipartisan Working Group of Former Government Officials RecommendationsRegarding the Expiring Provisions ofthe Patriot Act July 172005
Letter to the Honorable John Sununu regarding Voice over Internet Protocol(VOIP) serves June 21 2004
Letter to Senator Akaka from the Center for Democracy amp Technology ACLUand the Electronic Privacy Information Center (EPIC) regarding datamining May 26 2004
Reply Comments of the Center for Democracy amp Technology regarding the JointPetition for Rulemaking to Resolve Various Outstanding IssuesConcerning the Implementation of the Communications Assistance forLaw Enforcement Act before the Federal Communications CommissionApril 27 2004
Letter to the Honorable Don Young and the Honorable James Oberstar regardingthe Transportation Security Administrations Computer AssistedPassenger Pre screening System (CAPPS II) February 172004
Comments ofthe Center for Democracy amp Technology on the Notice of Status ofSystem Records Interim Final Notice 68 Fed Reg 45265-01 (Aug 12003) Docket No DHSTSA-2003-01 September 302003
Comments on TSA s proposed Aviation Security Screening Records System 68Fed Reg 2101 (Jan 152003) Feb 242003
Comments on the Petition of the Cellular Telecommunications IndustryAssociation for a Rulemaking to Establish Fair Location InformationPractices before the Federal Communications Commission April 62001
Comments of the Center for Democracy amp Technology on the Council of EuropeDraft Convention on Cyber-crime Draft No 25 before the Council ofEurope and the US Department of Justice February 6 2001
Reply Comments of the Center for Democracy amp Technology regarding theCommunications Assistance for Law Enforcement Act CC Docket No97-213 before the Federal Communications Commission January 271999
Comments of the Center for Democracy and Technology on the CommunicationsAssistance for Law Enforcement Act CC Docket No 97-213 before theFederal Communications Commission May 20 1998
20
Comments ofthe Center for Democracy and Technology regarding theCommunications Assistance for Law Enforcement Act Extension ofOctober 1998 Compliance Date CC Docket No 97-213 before theFederal Communications Commission April 2 1998
d Supply four (4) copies transcripts or recordings of all speeches or talks deliveredby you including commencement speeches remarks lectures panel discussionsconferences political speeches and question-and-answer sessions Include thedate and place where they were delivered and readily available press reportsabout the speech or talk If you do not have a copy of the speech or a transcript orrecording of your remarks give the name and address of the group before whomthe speech was given the date of the speech and a summary of its subject matterIf you did not speak from a prepared text furnish a copy of any outline or notesfrom which you spoke
The list below consists of speeches or talks identified from my recollection frommy files and from search ofInternet databases Despite my searches there maybe other speeches or talks I have been unable to identifY find or remember
February 8 or 9 1994 - spoke on a panel about criminal history records at theNational Conference on Criminal History Records Brady and Beyondorganized by the Bureau of Justice Statistics US Department of JusticeConstitution Ave NW Washington DC and SEARCH 7311 Greenhaven DriveSuite 145 Sacramento California 95831
August 3 1994 - spoke on a panel about gang databases at the InternationalSymposium Criminal Justice Information Systems and Technology Buildingthe Infrastructure organized by SEARCH 7311 Greenhaven Drive Suite 145Sacramento California 95831
October 7 1998 - Presentation on Protecting the Human Right to Freedom ofExpression on the Global Internet made at the conference on the Public Voice inthe Development of Internet Policy Ottawa Canada organized by the ElectronicPrivacy Information Center 1718 Connecticut Ave NW Suite 200 WashingtonDC 20009 httpthepublicvoiceorgeventsottawa98defaulthtml (PowerPointattached - hardcopy)
April 2001 - Global Internet Policy initiative Promoting the Development of theInternet through Legal and Policy Reform Almaty Kazakhstan sponsored by theOpen Society Institute IlIA Zhe1toksan St Office 9 Almaty 050000 Kazakhstan(PowerPoint attached - hardcopy)
June 2001 - presented on Content Controls Freedom of Expression and ISPLiability on the Internet and Internet Policy Overview The legal and
21
Regulatory Framework Enabling Development of the Internet at the AdvancedNetwork Workshop Stockholm Sweden sponsored by the Internet Society 1775Wiehle Avenue Suite 201 Reston VA (PowerPoints (2) submittedelectronically)
July 2001 - Internet and Democracy The Legal and Regulatory Frameworkpresentation at the National Foreign Affairs Training Center US Department ofState 2201 CSt NW Washington DC (PowerPoint submitted electronically)
July 2001 - spoke about Internet Policy Overview The Legal and RegulatoryFramework Enabling Development of the Internet as an Engine of EconomicGrowth at a telecommunications regulatory study tour training sessionsponsored by the US Telecommunications Training Institute 1150 ConnecticutAve NW Washington DC (PowerPoint submitted electronically)
April 2002 - spoke about Overview of Internet legislation The Legal andRegulatory Framework for Development of the Internet - Global Perspective inTashkent Uzbekistan organized by the Global Internet Policy Initiative-UZ 31Kamo1 Jalilov Street Tashkent and the United national Development ProgrammeOne United Nations Plaza New York NY 10017 (PowerPoint submittedelectronically)
June 18 2002 - Tutorial Legal and Regulatory Issues A Primer - ConsumerPrivacy Overview and Government Surveillance INET 02 sponsored by theInternet Society 1775 Wiehle Avenue Suite 201 Reston VA20190-5108 USA (PowerPoints (3) submitted electronically)
October 2002 - I am submitting electronically a PowerPoint dated October 2002on the subject Internet Policy Overview The Legal and Regulatory FrameworkEnabling Development ofthe Internet as an Engine of Economic Growth - basedon a review of my records I cannot determine whether I actually gave such apresentation in October 2002 let alone where
April 21 2003 - I am submitting electronically a PowerPoint dated April 212003 on the subject Privacy Overview - based on a review of my records Icannot determine whether I actually gave such a presentation in April 2003 letalone where
June 27 2003 - The Legal and Regulatory Framework Enabling Development ofthe Internet as an Engine of Economic Growth and DemocratizationUNITARIINTEL Seminar 2 United Nations Plaza New York City (PowerPointsubmitted electronically)
September 8 2003 - Protecting Privacy and Freedom of Communication in theFight against Cybercrime Southeast Europe Cybersecurity Conference in SofiaBulgaria sponsored by the United States Government Department of State 2201C Street NW Washington DC and the Government of Bulgariahttpwwwcybersecuritycooperationorg (PowerPoint submitted electronically)
22
March 72004 - spoke at a workshop in Washington DC entitled CivilLiberties The Patriot Act The Toll on Our Rights convened by the NationalCouncil of Jewish Womens Washington Institute in Washington DC 1707 LStreet NW Suite 950 Washington DC 20036-4206
March 10 2004 - spoke on CALEA and VoIP at a brown bag lunch meeting ofthe DC Bars Computer and Telecommunications Law Section 1101 K StreetNW Suite 200 Washington DC
May 11 2004 - spoke about CALEA at a VoIP conference in Reston VAorganized by Law Seminars International 800 Fifth Avenue Suite 101 SeattleWA 98104
May 18 2004 - participated in a panel discussion on Internet governance at theMicrosoft Government Leaders Forum One Microsoft Way Redmond WA inSeattle Washington
June 4 2004 - spoke about Human Rights and the War on Terrorism at the USForeign Policy Colloquium sponsored by the National Committee on UnitedStates- China Relations 71 West 23rd Street Suite 1901 New York NY 10010-4102 (PowerPoint attached - hardcopy)
June 18 2004 - spoke on a panel on Government Surveillance Civil Libertiesand the War on Terror at the National Convention of the American ConstitutionSociety 1333 H Street NW 11th Floor Washington DC
July 2004 - Internet and Democracy The Legal and Regulatory FrameworkEnabling Development of the Internet as an Engine of Economic Growth andDemocratization presentation at National Foreign Affairs Training Center USDepartment of State 2201 C 81 NW Washington DC (PowerPoints (2)submitted electronically)
September 16 2004 - spoke on cybersecurity issues at the Academy forEducational Development 1825 Connecticut Ave NW Washington DC 20009-5721 as part of the DOT-COMInterAction Speaker Series Cyber-SecurityIssues in International Development Environments (PowerPoint submittedelectronically and handwritten notes attached in hardcopy
September 30 2004 - moderated a panel on Government Industry and Securityat the Privacy and National Security Forum in Washington DC sponsored by theInternational Association of Privacy Professionals 75 Rochester Ave Suite 4Portsmouth NH 03801 USA
October 62004 - presentation on The Patriot Act Civil Liberties and the War onTerrorism at LocationOne 26 Greene Street New York New York 10013
23
October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
24
May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
27
May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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9
The Real Story on Warrantless Surveillance CDT Blog Aug 2 2007
Transparency Privacy and Financial Services Reform CDT Blog April262010
What Do the Twitter Subpoenas Mean CDT Blog Jan 122011
Why the NSA Should Not Lead Cybersecurity Government-Wide CDT BlogApril 21 2009
b Supply four (4) copies of any reports memoranda or policy statements youprepared or contributed in thepreparation of on behalf of any bar associationcommittee conference or organization of which you were or are a member Ifyou do not have a copy of a report memorandum or policy statement give thename and address of the organization that issued it the date of the document anda summary of its subject matter
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
Markle Foundation- Connecting for Health Initiative
Consumers as Network Participants Common Framework for NetworkedPersonal Health Information Connecting for Health Markle Foundation(June 2008)
Overview and Principles Common Framework for Networked Personal HealthInformation Connecting for Health Markle Foundation (June 2008)
Linking Health Care Information Proposed Methods for Improving Care andProtecting Privacy Connecting for Health Markle Foundation (February2005)
Achieving Electronic Connectivity in Healthcare A Roadmap from the NationsPublic and Private Sector Healthcare Leaders Connecting for HealthMarkle Foundation (Fall 2004)
Achieving Electronic Connectivity in Healthcare Summary ofRecommendations Connecting for Health Markle Foundation (July2004)
Achieving Electronic Connectivity in Healthcare A Preliminary Roadmap fromthe Nations Public and Private Sector Healthcare Leaders Connectingfor Health Markle Foundation (July 2004)
10
Markle Foundation-Task Force on National Security in the Information Age
Creating a Trusted Network for Homeland Security Second Report of theMarkle Foundation Task Force Task Force on National Security MarkleFoundation (2003)
Protecting Americas Freedom in the Information Age A Report of the MarkleFoundation Task Force Task Force on National Security MarkleFoundation (October 2002)
CDT Reports-
Intermediary Liability Protecting Internet Platforms for Expression andInnovation Center for Democracy amp Technology (April 2010)
Patriot Act Sunsets Should Prompt Re-Consideration of Anti-Terror PowersAdjustments Needed To Protect Civil Liberties Center for Democracy ampTechnology website content (Sept 162009)
PASS ID Act Addresses Major Privacy Concerns in REAL ID Center forDemocracy amp Technology website content (June 152009)
White House Sets Framework for Cybersecurity Builds in Privacy Center forDetnocracy amp Technology website content (May 29 2009)
Cybersecurity Program Should Be More Transparent Protect Privacy Centerfor Democracy amp Technology website content (March 30 2009)
Domestic Intelligence System Grows without Controls Center for Democracyamp Technology website content (March 192009)
Show Us the Data Most Wanted Federal Documents Report by the Center forDemocracy amp Technology and OpenTheGoverntnentOrg (March 2009)
Investigative Guidelines Cement FBI Role As Domestic Intelligence AgencyRaising New Privacy Challenges Center for Democracy amp Technologywebsite content (October 29 2008)
Online Consumers at Risk and the Role of State Attorneys General Center forAmerican Progress and the Center for Democracy amp Technology (August2008)
Legislation Needed to Correct Widespread Errors in use of National SecurityLetters Center for Democracy amp Technology website content (May 142008)
Governance of Critical Internet Resources What Does Governance Mean
11
What Are Critical Internet Resources Prepared by the Center forDemocracy amp Technology for the Second Internet Governance Forum inRio de Janeiro Brazil (Nov 142007)
Bills Would Strengthen Weaken Surveillance Standards Center for Democracyamp Technology website content (Oct 26 2007)
Federal Appeals Court Holds Email Content Is Constitutionally ProtectedCenter for Democracy amp Technology website content (July 25 2007)
IRS Proposal Could Impact Millions of Internet Users Center for Democracy ampTechnology website content (May 4 2007)
Bill Introduced to Reform FBI Data Demands Center for Democracy ampTechnology website content (March 292007)
The Internet in Transition 2009 and Beyond A Platform to Keep the InternetOpen Innovative and Free Center for Democracy amp Technologywebsite content (Nov 172006) available athttp oldcdtorgelection2008
ICANN Seeks Input on Improving Transparency and Accountability Center forDemocracy amp Technology website content (Nov 172006)
Congress Poised to Consider Dangerous NSA Bills Center for Democracy ampTechnology website content (Sept 25 2006)
FISA Modernization is Dangerous and Premature Center for Democracy ampTechnology website content (Aug 2 2006)
Internet Governance Debate Poses Unique Global Challenges Center forDemocracy amp Technology website content (July 192006)
Court Upholds Imposition of Technical Design Mandates on the InternetCenter for Democracy amp Technology website content (June 132006)
Illegal NSA Data Mining Highlights Need for Congressional Oversight Centerfor Democracy amp Technology website content (May 112006)
President Signs PATRIOT Act Reauthorization Bill Lacking Civil LibertiesProtections Center for Democracy amp Technology website content(March 172006)
Digital Technology Makes Surveillance Easier Requiring Stronger PrivacyLaws Center for Democracy amp Technology website content (Feb 222006)
Congress Begins Deeper Investigation ofNSAs Warrantless Wiretapping
12
Program Center for Democracy amp Technology website content (Feb 142006)
Digital Search amp Seizure Updating Privacy Protections to Keep Pace withTechnology Center for Democracy amp Technology (February 2006)
Congress Needs to Hear About PATRIOT Renewal Center for Democracy ampTechnology website content (Jan 4 2006)
Civil Liberties Crisis Confronts Nation Center for Democracy amp Technologywebsite content (Dec 19 2005)
PATRIOT Act Deal Falls Short on Civil Liberties Checks and Balances Centerfor Democracy amp Technology website content (Dec 122005)
Congressional Revolt Over Civil Liberties PATRIOT Reform Hangs in theBalance Center for Democracy amp Technology website content (Nov 112005)
Federal Appeals Court Reaffirms E-Mail Privacy Protections Center forDemocracy amp Technology website content (Aug 182005)
Civil Liberties at Issue in PATRIOT Act Reauthorization Center forDemocracy amp Technology website content (June 2 2005)
SAFE Act Would Control PATRIOT Powers Center for Democracy ampTechnology website content (April 26 2005)
Federal ID Proposals for US Citizens and Others Grow in Number and ScopeCenter for Democracy amp Technology website content (Jan 182005)
Technologies That Can Protect Privacy as Information is Shared to CombatTerrorism Center for Democracy amp Technology (May 26 2004)
The Internet and Law Enforcement Surveillance Extension of CALEA to theInternet Would Be Unlawful Unnecessary and Unwise Center forDemocracy amp Technology (May 20 2004)
No Design Mandates for Internet CDT Tells FCC Center for Democracy ampTechnology website content (April 28 2004)
Googles GMail Highlights General Privacy Concerns Center for Democracy ampTechnology website content (April 12 2004)
The Internet and Law Enforcement Surveillance Law Enforcement ConcernsCan Be Addressed Without Regulation Which Would Stifle InnovationRaise Costs Risk Security Center for Democracy amp Technology (March192004)
13
GAO Echoes CDT Criticisms of CAPPS II Coalition Calls for HearingsCenter for Democracy amp Technology website content (Feb 26 2004)
Security Holes at DMVs Feed ID Theft Offer Lessons for National ID CardDebate Center for Democracy amp Technology website content (Feb 32004)
Privacys Gap The Largely Non-Existent Legal Framework for GovernmentMining of Commercial Data Center for Democracy amp Technology(May 19 2003)
Part 4 Information Security and Government Policies in InformationTechnology Security Handbook (2003)
The E-Government Handbook for Developing Countries Project ofInfoDevand the Center for Democracy amp Technology (November 2002)
Appeals Court Rules on FCC CALEA Decision Center for Democracy ampTechnology website content (Aug 152000)
Bridging the Digital Divide Internet Access in Central and Eastern EuropeCenter for Democracy amp Technology (2000)
Square Pegs amp Round Holes Applying Campaign Finance Law to the Internet -Risks to Free Expression amp Democratic Values Center for Democracy ampTechnology (October 1999)
Regardless of Frontiers Protecting The Human Right to Freedom ofExpression on the Global Internet Global Internet Liberty Campaign(1998)
GIPI Reports
A Process for Developing Internet Policy The Model of the NationalICTInternet Summit - The Case Study of the Kyrgyz Republic GlobalInternet Policy Initiative (April 2001)
Licensing Options for Internet Service Providers Global Internet PolicyInitiative (June 23 2001 updated Sept 25 2002)
Application of Defamation Laws to the Internet Global Internet PolicyInitiative (October 2001)
14
Flat Rate versus Per Minute Charges for Telephone Service The Relationshipbetween Internet Access and Telephone Tariffs Global Internet PolicyInitiative (Dec 4 2001)
Taxation ofE-Commerce Global Internet Policy Initiative (December 2001)
Voice-over-IP The Future of Communications Global Internet Policy Initiative(April 29 2002)
Best Practices for Telecommunications Reform Global Internet PolicyInitiative (May 2002)
The Keys to the Back Office Building a Legal and Policy Framework to AttractIT-Enabled Outsourcing Global Internet Policy Initiative (May 2002)
Redelegation of Country Code Top Level Domains Global Internet PolicyInitiative (February 2003)
Trust And Security In Cyberspace The Legal And Policy Framework forAddressing Cybercrime Global Internet Policy Initiative (September2005)
Privacy and E-Government Privacy Impact Assessments and PrivacyCommissioners -Two Mechanisms for Protecting Privacy to PromoteCitizen Trust Online Global Internet Policy Initiative (May 12003)
Copyright and the Internet Building National Legislative Frameworks Based onInternational Copyright Law Olena Dmytrenko and James X DempseyGlobal Internet Policy Initiative (December 2004)
The Regulatory Framework for E-Commerce -International LegislativePractice Global Internet Policy Initiative (May 21 2002)
Creating the Legal Framework for ICT Development The Example ofE-Signature Legislation in Emerging Market Economies James XDempsey Global Internet Policy Initiative (2003)
The International Legal Framework for Data Protection and Its Transposition toDeveloping and Transitional Countries Global Internet Policy Initiative(Dec 28 2004)
Management of ccTLDs by Member States ofthe European Union GlobalInternet Policy Initiative (Oct 26 2002)
Building Local E-Government through Public-Private Partnerships ConferenceConclusions Conference on E-Government in Romania Global InternetPolicy Initiative (2005)
15
Additionally I managed all web content for the Global Internet Policy Initiativeavailable at httpwwwinternetpolicynet
c Supply four (4) copies of any testimony official statements or othercommunications relating in whole or in part to matters of public policy or legalinterpretation that you have issued or provided or that others presented on yourbehalf to public bodies or public officials
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
TestimonyTestimony before the Senate Judiciary Committee on The Electronic
Communications Privacy Act Promoting Security and Protecting Privacyin the Digital Age Sept 22 2010
Testimony before the House Judiciary Committee Subcommittee on theConstitution Civil Rights and Civil Liberties on ElectronicCommunications Privacy Act Reform May 52010
Testimony before the House Intelligence Committee on FISA and the ProtectAmerica Act Sept 182007
Testimony before the Senate Judiciary Committee on FISA and the ProtectAmerica Act Sept 25 2007
Testimony before the House Intelligence Committee on National Security LettersMar 28 2007
Testimony before the Presidents Privacy and Civil Liberties Oversight Board onPrivacy and Information Sharing for Counterterrorism Dec 52006
Testimony before the House Committee on the Judiciary Subcommittee onCrime Terrorism and Homeland Security on Updating FISA Sept 62006
Testimony before the Senate Judiciary Committee on Modernization of theForeign Intelligence Surveillance Act July 26 2006
Testimony before the House Intelligence Committee on Modernization of theForeign Intelligence Surveillance Act (FISA) July 192006
Testimony before the House Committee on Homeland Security Subcommittee on
16
Economic Security Infrastructure Protection and Cybersecurity onImproving Pre-Screening of Aviation Passengers against Terrorist andOther Watch Lists June 29 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act May 24 2005
Testimony before the House Permanent Select Committee on Intelligence on thePATRIOT Act May 112005
Testimony before the Senate Committee on the Judiciary on the PATRIOT ActMay 102005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Oversight Hearing on Implementation of the USAPATRIOT Act Section 212 May 5 2005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Implementation of the USA PATRIOT ActSections of the Act that Address Crime Terrorism and the Age ofTechnology April 21 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act April 19 2005
Testimony before the Senate Committee on the Judiciary on Securing ElectronicPersonal Data Striking a Balance Between Privacy and Commercial andGovernmental Use April 13 2005
Testimony before the Subcommittee on Telecommunications and the InternetHouse Committee on Energy and Commerce on Law Enforcement Accessto Communications Systems in a Digital Age Sept 8 2004
Testimony before the House Committee on Government Reform on Moving fromNeed to Know to Need to Share A Review ofthe 9-11 CommissionsRecommendations Aug 32004
Testimony before the Senate Committee on Commerce Science andTransportation on S 2281 The VOIP Regulatory Freedom Act of 2004June 16 2004
Testimony before the House Committee on the Judiciary Subcommittee onCommercial and Administrative Law on Privacy in the Hands of theGovernment The Privacy Officer for the Department of HomelandSecurity Feb 102004
Testimony before the Senate Committee on the Judiciary on America after 911Freedom Preserved or Freedom Lost Nov 182003
17
Testimony before the Subcommittee on Commercial and Administrative Law andthe Subcommittee on the Constitution of the House Judiciary Committeeon The Defense of Privacy Act and Privacy in the Hands of theGovernment July 22 2003
Testimony before the House Committee on the Judiciary Subcommittee on theConstitution on Anti-Terrorism Investigations and the Fourth AmendmentAfter September 11 Where and When Can the Government Go to PreventTerrorist Attacks May 202003
Testimony before the Subcommittee on Government Efficiency FinancialManagement and Intergovernmental Relations and the Subcommittee forTechnology and Procurement Policy of the House Committee onGovernment Reform on HR 3844 the Federal Information SecurityReform Act of 2002 May 2 2002
Testimony before the House Committee on the Judiciary Forum on NationalSecurity and the Constitution on the Nations Counter-Terrorism Programsand their Implications for Civil Liberties Jan 24 2002
Testimony before the House Committee on the Judiciary on Legislative Measuresto Improve Americas Counter-Terrorism Programs Sept 24 2001
Testimony before the House Subcommittee on the Constitution on privacylegislation Sept 6 2000
Testimony before the Senate Judiciary Committee on Carnivore Sept 62000
Testimony before the Senate Judiciary Committee on Internet Security andPrivacy May 25 2000
Testimony before the House Judiciary Subcommittee on the Constitution on TheFourth Amendment and the Internet April 6 2000
Testimony before the Subcommittee on Crime of the House Judiciary Committeeand the Subcommittee on Criminal Justice Oversight of the SenateJudiciary Committee on Internet Denial of Service Attacks and the FederalResponse Feb 29 2000
Testimony before the Commerce Committee on the Wireless PrivacyEnhancement Act of 1999 and the Wireless Communications and PublicSafety Enhancement Act of 1999 Feb 3 1999
Testimony before the House Committee on the Judiciary Subcommittee on Crimeon CALEA Implementation Oct 23 1997
18
Other CommunicationsComments of the Center for Democracy amp Technology regarding Cybersecurity
Innovation and the Internet Economy Docket No 100721305-0305-01before the US Department of Commerce September 202010
Comments of the Center for Democracy amp Technology regarding the Frameworkfor Broadband Internet Service GN Docket No 10-127 before theFederal Communications Commission July 152010
Comments of the Center for Democracy amp Technology regarding the Notice ofInquiry regarding the Assessment of the Transition of the TechnicalCoordination and Management of the Internets Domain Name andAddressing System before The National Telecommunications andInformation Administration within the US Department of CommerceJune 82009
Comments of the Center for Democracy amp Technology regarding TheContinued Transition of the Technical Coordination and Management ofthe Internets Domain Name and Addressing System Midterm Review ofthe Joint Project Agreement before The National Telecommunicationsand Information Administration within the US Department ofCommerce January 25 2008
Joint comments on the Petition for Expedited Rulemaking to Establish TechnicalRequirements and Standards Pursuant to Section 107 (b) of theCommunications Assistance for Law Enforcement Act before theFederal Communications Commission July 25 2007
Reply Comments by Industry and Public Interest Commenters in support of thePetition for Reconsideration and Clarification of the CALEAApplicability Order filed by the United States Telecom Association ETDocket No 04-295 before the Federal Communications CommissionJanuary 30 2006
Comments in support of the Petition for Reconsideration and Clarification of theCALEA Applicability Order ET Docket No 04-295 before the FederalCommunications Commission December 302005
Request for stay pending issuance of subsequent orders and for stay pendingjudicial review regarding the Communications Assistance for LawEnforcement Act and Broadband Access and Services ET Docket No 04-295 before the Federal Communications Commission November 232005
Joint Comments to the further notice of proposed rulemaking regarding the
19
Communications Assistance for Law Enforcement Act and BroadbandAccess and Services ET Docket No 04-295 before the FederalCommunications Commission November 142005
Bipartisan Working Group of Former Government Officials RecommendationsRegarding the Expiring Provisions ofthe Patriot Act July 172005
Letter to the Honorable John Sununu regarding Voice over Internet Protocol(VOIP) serves June 21 2004
Letter to Senator Akaka from the Center for Democracy amp Technology ACLUand the Electronic Privacy Information Center (EPIC) regarding datamining May 26 2004
Reply Comments of the Center for Democracy amp Technology regarding the JointPetition for Rulemaking to Resolve Various Outstanding IssuesConcerning the Implementation of the Communications Assistance forLaw Enforcement Act before the Federal Communications CommissionApril 27 2004
Letter to the Honorable Don Young and the Honorable James Oberstar regardingthe Transportation Security Administrations Computer AssistedPassenger Pre screening System (CAPPS II) February 172004
Comments ofthe Center for Democracy amp Technology on the Notice of Status ofSystem Records Interim Final Notice 68 Fed Reg 45265-01 (Aug 12003) Docket No DHSTSA-2003-01 September 302003
Comments on TSA s proposed Aviation Security Screening Records System 68Fed Reg 2101 (Jan 152003) Feb 242003
Comments on the Petition of the Cellular Telecommunications IndustryAssociation for a Rulemaking to Establish Fair Location InformationPractices before the Federal Communications Commission April 62001
Comments of the Center for Democracy amp Technology on the Council of EuropeDraft Convention on Cyber-crime Draft No 25 before the Council ofEurope and the US Department of Justice February 6 2001
Reply Comments of the Center for Democracy amp Technology regarding theCommunications Assistance for Law Enforcement Act CC Docket No97-213 before the Federal Communications Commission January 271999
Comments of the Center for Democracy and Technology on the CommunicationsAssistance for Law Enforcement Act CC Docket No 97-213 before theFederal Communications Commission May 20 1998
20
Comments ofthe Center for Democracy and Technology regarding theCommunications Assistance for Law Enforcement Act Extension ofOctober 1998 Compliance Date CC Docket No 97-213 before theFederal Communications Commission April 2 1998
d Supply four (4) copies transcripts or recordings of all speeches or talks deliveredby you including commencement speeches remarks lectures panel discussionsconferences political speeches and question-and-answer sessions Include thedate and place where they were delivered and readily available press reportsabout the speech or talk If you do not have a copy of the speech or a transcript orrecording of your remarks give the name and address of the group before whomthe speech was given the date of the speech and a summary of its subject matterIf you did not speak from a prepared text furnish a copy of any outline or notesfrom which you spoke
The list below consists of speeches or talks identified from my recollection frommy files and from search ofInternet databases Despite my searches there maybe other speeches or talks I have been unable to identifY find or remember
February 8 or 9 1994 - spoke on a panel about criminal history records at theNational Conference on Criminal History Records Brady and Beyondorganized by the Bureau of Justice Statistics US Department of JusticeConstitution Ave NW Washington DC and SEARCH 7311 Greenhaven DriveSuite 145 Sacramento California 95831
August 3 1994 - spoke on a panel about gang databases at the InternationalSymposium Criminal Justice Information Systems and Technology Buildingthe Infrastructure organized by SEARCH 7311 Greenhaven Drive Suite 145Sacramento California 95831
October 7 1998 - Presentation on Protecting the Human Right to Freedom ofExpression on the Global Internet made at the conference on the Public Voice inthe Development of Internet Policy Ottawa Canada organized by the ElectronicPrivacy Information Center 1718 Connecticut Ave NW Suite 200 WashingtonDC 20009 httpthepublicvoiceorgeventsottawa98defaulthtml (PowerPointattached - hardcopy)
April 2001 - Global Internet Policy initiative Promoting the Development of theInternet through Legal and Policy Reform Almaty Kazakhstan sponsored by theOpen Society Institute IlIA Zhe1toksan St Office 9 Almaty 050000 Kazakhstan(PowerPoint attached - hardcopy)
June 2001 - presented on Content Controls Freedom of Expression and ISPLiability on the Internet and Internet Policy Overview The legal and
21
Regulatory Framework Enabling Development of the Internet at the AdvancedNetwork Workshop Stockholm Sweden sponsored by the Internet Society 1775Wiehle Avenue Suite 201 Reston VA (PowerPoints (2) submittedelectronically)
July 2001 - Internet and Democracy The Legal and Regulatory Frameworkpresentation at the National Foreign Affairs Training Center US Department ofState 2201 CSt NW Washington DC (PowerPoint submitted electronically)
July 2001 - spoke about Internet Policy Overview The Legal and RegulatoryFramework Enabling Development of the Internet as an Engine of EconomicGrowth at a telecommunications regulatory study tour training sessionsponsored by the US Telecommunications Training Institute 1150 ConnecticutAve NW Washington DC (PowerPoint submitted electronically)
April 2002 - spoke about Overview of Internet legislation The Legal andRegulatory Framework for Development of the Internet - Global Perspective inTashkent Uzbekistan organized by the Global Internet Policy Initiative-UZ 31Kamo1 Jalilov Street Tashkent and the United national Development ProgrammeOne United Nations Plaza New York NY 10017 (PowerPoint submittedelectronically)
June 18 2002 - Tutorial Legal and Regulatory Issues A Primer - ConsumerPrivacy Overview and Government Surveillance INET 02 sponsored by theInternet Society 1775 Wiehle Avenue Suite 201 Reston VA20190-5108 USA (PowerPoints (3) submitted electronically)
October 2002 - I am submitting electronically a PowerPoint dated October 2002on the subject Internet Policy Overview The Legal and Regulatory FrameworkEnabling Development ofthe Internet as an Engine of Economic Growth - basedon a review of my records I cannot determine whether I actually gave such apresentation in October 2002 let alone where
April 21 2003 - I am submitting electronically a PowerPoint dated April 212003 on the subject Privacy Overview - based on a review of my records Icannot determine whether I actually gave such a presentation in April 2003 letalone where
June 27 2003 - The Legal and Regulatory Framework Enabling Development ofthe Internet as an Engine of Economic Growth and DemocratizationUNITARIINTEL Seminar 2 United Nations Plaza New York City (PowerPointsubmitted electronically)
September 8 2003 - Protecting Privacy and Freedom of Communication in theFight against Cybercrime Southeast Europe Cybersecurity Conference in SofiaBulgaria sponsored by the United States Government Department of State 2201C Street NW Washington DC and the Government of Bulgariahttpwwwcybersecuritycooperationorg (PowerPoint submitted electronically)
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March 72004 - spoke at a workshop in Washington DC entitled CivilLiberties The Patriot Act The Toll on Our Rights convened by the NationalCouncil of Jewish Womens Washington Institute in Washington DC 1707 LStreet NW Suite 950 Washington DC 20036-4206
March 10 2004 - spoke on CALEA and VoIP at a brown bag lunch meeting ofthe DC Bars Computer and Telecommunications Law Section 1101 K StreetNW Suite 200 Washington DC
May 11 2004 - spoke about CALEA at a VoIP conference in Reston VAorganized by Law Seminars International 800 Fifth Avenue Suite 101 SeattleWA 98104
May 18 2004 - participated in a panel discussion on Internet governance at theMicrosoft Government Leaders Forum One Microsoft Way Redmond WA inSeattle Washington
June 4 2004 - spoke about Human Rights and the War on Terrorism at the USForeign Policy Colloquium sponsored by the National Committee on UnitedStates- China Relations 71 West 23rd Street Suite 1901 New York NY 10010-4102 (PowerPoint attached - hardcopy)
June 18 2004 - spoke on a panel on Government Surveillance Civil Libertiesand the War on Terror at the National Convention of the American ConstitutionSociety 1333 H Street NW 11th Floor Washington DC
July 2004 - Internet and Democracy The Legal and Regulatory FrameworkEnabling Development of the Internet as an Engine of Economic Growth andDemocratization presentation at National Foreign Affairs Training Center USDepartment of State 2201 C 81 NW Washington DC (PowerPoints (2)submitted electronically)
September 16 2004 - spoke on cybersecurity issues at the Academy forEducational Development 1825 Connecticut Ave NW Washington DC 20009-5721 as part of the DOT-COMInterAction Speaker Series Cyber-SecurityIssues in International Development Environments (PowerPoint submittedelectronically and handwritten notes attached in hardcopy
September 30 2004 - moderated a panel on Government Industry and Securityat the Privacy and National Security Forum in Washington DC sponsored by theInternational Association of Privacy Professionals 75 Rochester Ave Suite 4Portsmouth NH 03801 USA
October 62004 - presentation on The Patriot Act Civil Liberties and the War onTerrorism at LocationOne 26 Greene Street New York New York 10013
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October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
24
May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
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May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
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May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
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June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
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March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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10
Markle Foundation-Task Force on National Security in the Information Age
Creating a Trusted Network for Homeland Security Second Report of theMarkle Foundation Task Force Task Force on National Security MarkleFoundation (2003)
Protecting Americas Freedom in the Information Age A Report of the MarkleFoundation Task Force Task Force on National Security MarkleFoundation (October 2002)
CDT Reports-
Intermediary Liability Protecting Internet Platforms for Expression andInnovation Center for Democracy amp Technology (April 2010)
Patriot Act Sunsets Should Prompt Re-Consideration of Anti-Terror PowersAdjustments Needed To Protect Civil Liberties Center for Democracy ampTechnology website content (Sept 162009)
PASS ID Act Addresses Major Privacy Concerns in REAL ID Center forDemocracy amp Technology website content (June 152009)
White House Sets Framework for Cybersecurity Builds in Privacy Center forDetnocracy amp Technology website content (May 29 2009)
Cybersecurity Program Should Be More Transparent Protect Privacy Centerfor Democracy amp Technology website content (March 30 2009)
Domestic Intelligence System Grows without Controls Center for Democracyamp Technology website content (March 192009)
Show Us the Data Most Wanted Federal Documents Report by the Center forDemocracy amp Technology and OpenTheGoverntnentOrg (March 2009)
Investigative Guidelines Cement FBI Role As Domestic Intelligence AgencyRaising New Privacy Challenges Center for Democracy amp Technologywebsite content (October 29 2008)
Online Consumers at Risk and the Role of State Attorneys General Center forAmerican Progress and the Center for Democracy amp Technology (August2008)
Legislation Needed to Correct Widespread Errors in use of National SecurityLetters Center for Democracy amp Technology website content (May 142008)
Governance of Critical Internet Resources What Does Governance Mean
11
What Are Critical Internet Resources Prepared by the Center forDemocracy amp Technology for the Second Internet Governance Forum inRio de Janeiro Brazil (Nov 142007)
Bills Would Strengthen Weaken Surveillance Standards Center for Democracyamp Technology website content (Oct 26 2007)
Federal Appeals Court Holds Email Content Is Constitutionally ProtectedCenter for Democracy amp Technology website content (July 25 2007)
IRS Proposal Could Impact Millions of Internet Users Center for Democracy ampTechnology website content (May 4 2007)
Bill Introduced to Reform FBI Data Demands Center for Democracy ampTechnology website content (March 292007)
The Internet in Transition 2009 and Beyond A Platform to Keep the InternetOpen Innovative and Free Center for Democracy amp Technologywebsite content (Nov 172006) available athttp oldcdtorgelection2008
ICANN Seeks Input on Improving Transparency and Accountability Center forDemocracy amp Technology website content (Nov 172006)
Congress Poised to Consider Dangerous NSA Bills Center for Democracy ampTechnology website content (Sept 25 2006)
FISA Modernization is Dangerous and Premature Center for Democracy ampTechnology website content (Aug 2 2006)
Internet Governance Debate Poses Unique Global Challenges Center forDemocracy amp Technology website content (July 192006)
Court Upholds Imposition of Technical Design Mandates on the InternetCenter for Democracy amp Technology website content (June 132006)
Illegal NSA Data Mining Highlights Need for Congressional Oversight Centerfor Democracy amp Technology website content (May 112006)
President Signs PATRIOT Act Reauthorization Bill Lacking Civil LibertiesProtections Center for Democracy amp Technology website content(March 172006)
Digital Technology Makes Surveillance Easier Requiring Stronger PrivacyLaws Center for Democracy amp Technology website content (Feb 222006)
Congress Begins Deeper Investigation ofNSAs Warrantless Wiretapping
12
Program Center for Democracy amp Technology website content (Feb 142006)
Digital Search amp Seizure Updating Privacy Protections to Keep Pace withTechnology Center for Democracy amp Technology (February 2006)
Congress Needs to Hear About PATRIOT Renewal Center for Democracy ampTechnology website content (Jan 4 2006)
Civil Liberties Crisis Confronts Nation Center for Democracy amp Technologywebsite content (Dec 19 2005)
PATRIOT Act Deal Falls Short on Civil Liberties Checks and Balances Centerfor Democracy amp Technology website content (Dec 122005)
Congressional Revolt Over Civil Liberties PATRIOT Reform Hangs in theBalance Center for Democracy amp Technology website content (Nov 112005)
Federal Appeals Court Reaffirms E-Mail Privacy Protections Center forDemocracy amp Technology website content (Aug 182005)
Civil Liberties at Issue in PATRIOT Act Reauthorization Center forDemocracy amp Technology website content (June 2 2005)
SAFE Act Would Control PATRIOT Powers Center for Democracy ampTechnology website content (April 26 2005)
Federal ID Proposals for US Citizens and Others Grow in Number and ScopeCenter for Democracy amp Technology website content (Jan 182005)
Technologies That Can Protect Privacy as Information is Shared to CombatTerrorism Center for Democracy amp Technology (May 26 2004)
The Internet and Law Enforcement Surveillance Extension of CALEA to theInternet Would Be Unlawful Unnecessary and Unwise Center forDemocracy amp Technology (May 20 2004)
No Design Mandates for Internet CDT Tells FCC Center for Democracy ampTechnology website content (April 28 2004)
Googles GMail Highlights General Privacy Concerns Center for Democracy ampTechnology website content (April 12 2004)
The Internet and Law Enforcement Surveillance Law Enforcement ConcernsCan Be Addressed Without Regulation Which Would Stifle InnovationRaise Costs Risk Security Center for Democracy amp Technology (March192004)
13
GAO Echoes CDT Criticisms of CAPPS II Coalition Calls for HearingsCenter for Democracy amp Technology website content (Feb 26 2004)
Security Holes at DMVs Feed ID Theft Offer Lessons for National ID CardDebate Center for Democracy amp Technology website content (Feb 32004)
Privacys Gap The Largely Non-Existent Legal Framework for GovernmentMining of Commercial Data Center for Democracy amp Technology(May 19 2003)
Part 4 Information Security and Government Policies in InformationTechnology Security Handbook (2003)
The E-Government Handbook for Developing Countries Project ofInfoDevand the Center for Democracy amp Technology (November 2002)
Appeals Court Rules on FCC CALEA Decision Center for Democracy ampTechnology website content (Aug 152000)
Bridging the Digital Divide Internet Access in Central and Eastern EuropeCenter for Democracy amp Technology (2000)
Square Pegs amp Round Holes Applying Campaign Finance Law to the Internet -Risks to Free Expression amp Democratic Values Center for Democracy ampTechnology (October 1999)
Regardless of Frontiers Protecting The Human Right to Freedom ofExpression on the Global Internet Global Internet Liberty Campaign(1998)
GIPI Reports
A Process for Developing Internet Policy The Model of the NationalICTInternet Summit - The Case Study of the Kyrgyz Republic GlobalInternet Policy Initiative (April 2001)
Licensing Options for Internet Service Providers Global Internet PolicyInitiative (June 23 2001 updated Sept 25 2002)
Application of Defamation Laws to the Internet Global Internet PolicyInitiative (October 2001)
14
Flat Rate versus Per Minute Charges for Telephone Service The Relationshipbetween Internet Access and Telephone Tariffs Global Internet PolicyInitiative (Dec 4 2001)
Taxation ofE-Commerce Global Internet Policy Initiative (December 2001)
Voice-over-IP The Future of Communications Global Internet Policy Initiative(April 29 2002)
Best Practices for Telecommunications Reform Global Internet PolicyInitiative (May 2002)
The Keys to the Back Office Building a Legal and Policy Framework to AttractIT-Enabled Outsourcing Global Internet Policy Initiative (May 2002)
Redelegation of Country Code Top Level Domains Global Internet PolicyInitiative (February 2003)
Trust And Security In Cyberspace The Legal And Policy Framework forAddressing Cybercrime Global Internet Policy Initiative (September2005)
Privacy and E-Government Privacy Impact Assessments and PrivacyCommissioners -Two Mechanisms for Protecting Privacy to PromoteCitizen Trust Online Global Internet Policy Initiative (May 12003)
Copyright and the Internet Building National Legislative Frameworks Based onInternational Copyright Law Olena Dmytrenko and James X DempseyGlobal Internet Policy Initiative (December 2004)
The Regulatory Framework for E-Commerce -International LegislativePractice Global Internet Policy Initiative (May 21 2002)
Creating the Legal Framework for ICT Development The Example ofE-Signature Legislation in Emerging Market Economies James XDempsey Global Internet Policy Initiative (2003)
The International Legal Framework for Data Protection and Its Transposition toDeveloping and Transitional Countries Global Internet Policy Initiative(Dec 28 2004)
Management of ccTLDs by Member States ofthe European Union GlobalInternet Policy Initiative (Oct 26 2002)
Building Local E-Government through Public-Private Partnerships ConferenceConclusions Conference on E-Government in Romania Global InternetPolicy Initiative (2005)
15
Additionally I managed all web content for the Global Internet Policy Initiativeavailable at httpwwwinternetpolicynet
c Supply four (4) copies of any testimony official statements or othercommunications relating in whole or in part to matters of public policy or legalinterpretation that you have issued or provided or that others presented on yourbehalf to public bodies or public officials
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
TestimonyTestimony before the Senate Judiciary Committee on The Electronic
Communications Privacy Act Promoting Security and Protecting Privacyin the Digital Age Sept 22 2010
Testimony before the House Judiciary Committee Subcommittee on theConstitution Civil Rights and Civil Liberties on ElectronicCommunications Privacy Act Reform May 52010
Testimony before the House Intelligence Committee on FISA and the ProtectAmerica Act Sept 182007
Testimony before the Senate Judiciary Committee on FISA and the ProtectAmerica Act Sept 25 2007
Testimony before the House Intelligence Committee on National Security LettersMar 28 2007
Testimony before the Presidents Privacy and Civil Liberties Oversight Board onPrivacy and Information Sharing for Counterterrorism Dec 52006
Testimony before the House Committee on the Judiciary Subcommittee onCrime Terrorism and Homeland Security on Updating FISA Sept 62006
Testimony before the Senate Judiciary Committee on Modernization of theForeign Intelligence Surveillance Act July 26 2006
Testimony before the House Intelligence Committee on Modernization of theForeign Intelligence Surveillance Act (FISA) July 192006
Testimony before the House Committee on Homeland Security Subcommittee on
16
Economic Security Infrastructure Protection and Cybersecurity onImproving Pre-Screening of Aviation Passengers against Terrorist andOther Watch Lists June 29 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act May 24 2005
Testimony before the House Permanent Select Committee on Intelligence on thePATRIOT Act May 112005
Testimony before the Senate Committee on the Judiciary on the PATRIOT ActMay 102005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Oversight Hearing on Implementation of the USAPATRIOT Act Section 212 May 5 2005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Implementation of the USA PATRIOT ActSections of the Act that Address Crime Terrorism and the Age ofTechnology April 21 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act April 19 2005
Testimony before the Senate Committee on the Judiciary on Securing ElectronicPersonal Data Striking a Balance Between Privacy and Commercial andGovernmental Use April 13 2005
Testimony before the Subcommittee on Telecommunications and the InternetHouse Committee on Energy and Commerce on Law Enforcement Accessto Communications Systems in a Digital Age Sept 8 2004
Testimony before the House Committee on Government Reform on Moving fromNeed to Know to Need to Share A Review ofthe 9-11 CommissionsRecommendations Aug 32004
Testimony before the Senate Committee on Commerce Science andTransportation on S 2281 The VOIP Regulatory Freedom Act of 2004June 16 2004
Testimony before the House Committee on the Judiciary Subcommittee onCommercial and Administrative Law on Privacy in the Hands of theGovernment The Privacy Officer for the Department of HomelandSecurity Feb 102004
Testimony before the Senate Committee on the Judiciary on America after 911Freedom Preserved or Freedom Lost Nov 182003
17
Testimony before the Subcommittee on Commercial and Administrative Law andthe Subcommittee on the Constitution of the House Judiciary Committeeon The Defense of Privacy Act and Privacy in the Hands of theGovernment July 22 2003
Testimony before the House Committee on the Judiciary Subcommittee on theConstitution on Anti-Terrorism Investigations and the Fourth AmendmentAfter September 11 Where and When Can the Government Go to PreventTerrorist Attacks May 202003
Testimony before the Subcommittee on Government Efficiency FinancialManagement and Intergovernmental Relations and the Subcommittee forTechnology and Procurement Policy of the House Committee onGovernment Reform on HR 3844 the Federal Information SecurityReform Act of 2002 May 2 2002
Testimony before the House Committee on the Judiciary Forum on NationalSecurity and the Constitution on the Nations Counter-Terrorism Programsand their Implications for Civil Liberties Jan 24 2002
Testimony before the House Committee on the Judiciary on Legislative Measuresto Improve Americas Counter-Terrorism Programs Sept 24 2001
Testimony before the House Subcommittee on the Constitution on privacylegislation Sept 6 2000
Testimony before the Senate Judiciary Committee on Carnivore Sept 62000
Testimony before the Senate Judiciary Committee on Internet Security andPrivacy May 25 2000
Testimony before the House Judiciary Subcommittee on the Constitution on TheFourth Amendment and the Internet April 6 2000
Testimony before the Subcommittee on Crime of the House Judiciary Committeeand the Subcommittee on Criminal Justice Oversight of the SenateJudiciary Committee on Internet Denial of Service Attacks and the FederalResponse Feb 29 2000
Testimony before the Commerce Committee on the Wireless PrivacyEnhancement Act of 1999 and the Wireless Communications and PublicSafety Enhancement Act of 1999 Feb 3 1999
Testimony before the House Committee on the Judiciary Subcommittee on Crimeon CALEA Implementation Oct 23 1997
18
Other CommunicationsComments of the Center for Democracy amp Technology regarding Cybersecurity
Innovation and the Internet Economy Docket No 100721305-0305-01before the US Department of Commerce September 202010
Comments of the Center for Democracy amp Technology regarding the Frameworkfor Broadband Internet Service GN Docket No 10-127 before theFederal Communications Commission July 152010
Comments of the Center for Democracy amp Technology regarding the Notice ofInquiry regarding the Assessment of the Transition of the TechnicalCoordination and Management of the Internets Domain Name andAddressing System before The National Telecommunications andInformation Administration within the US Department of CommerceJune 82009
Comments of the Center for Democracy amp Technology regarding TheContinued Transition of the Technical Coordination and Management ofthe Internets Domain Name and Addressing System Midterm Review ofthe Joint Project Agreement before The National Telecommunicationsand Information Administration within the US Department ofCommerce January 25 2008
Joint comments on the Petition for Expedited Rulemaking to Establish TechnicalRequirements and Standards Pursuant to Section 107 (b) of theCommunications Assistance for Law Enforcement Act before theFederal Communications Commission July 25 2007
Reply Comments by Industry and Public Interest Commenters in support of thePetition for Reconsideration and Clarification of the CALEAApplicability Order filed by the United States Telecom Association ETDocket No 04-295 before the Federal Communications CommissionJanuary 30 2006
Comments in support of the Petition for Reconsideration and Clarification of theCALEA Applicability Order ET Docket No 04-295 before the FederalCommunications Commission December 302005
Request for stay pending issuance of subsequent orders and for stay pendingjudicial review regarding the Communications Assistance for LawEnforcement Act and Broadband Access and Services ET Docket No 04-295 before the Federal Communications Commission November 232005
Joint Comments to the further notice of proposed rulemaking regarding the
19
Communications Assistance for Law Enforcement Act and BroadbandAccess and Services ET Docket No 04-295 before the FederalCommunications Commission November 142005
Bipartisan Working Group of Former Government Officials RecommendationsRegarding the Expiring Provisions ofthe Patriot Act July 172005
Letter to the Honorable John Sununu regarding Voice over Internet Protocol(VOIP) serves June 21 2004
Letter to Senator Akaka from the Center for Democracy amp Technology ACLUand the Electronic Privacy Information Center (EPIC) regarding datamining May 26 2004
Reply Comments of the Center for Democracy amp Technology regarding the JointPetition for Rulemaking to Resolve Various Outstanding IssuesConcerning the Implementation of the Communications Assistance forLaw Enforcement Act before the Federal Communications CommissionApril 27 2004
Letter to the Honorable Don Young and the Honorable James Oberstar regardingthe Transportation Security Administrations Computer AssistedPassenger Pre screening System (CAPPS II) February 172004
Comments ofthe Center for Democracy amp Technology on the Notice of Status ofSystem Records Interim Final Notice 68 Fed Reg 45265-01 (Aug 12003) Docket No DHSTSA-2003-01 September 302003
Comments on TSA s proposed Aviation Security Screening Records System 68Fed Reg 2101 (Jan 152003) Feb 242003
Comments on the Petition of the Cellular Telecommunications IndustryAssociation for a Rulemaking to Establish Fair Location InformationPractices before the Federal Communications Commission April 62001
Comments of the Center for Democracy amp Technology on the Council of EuropeDraft Convention on Cyber-crime Draft No 25 before the Council ofEurope and the US Department of Justice February 6 2001
Reply Comments of the Center for Democracy amp Technology regarding theCommunications Assistance for Law Enforcement Act CC Docket No97-213 before the Federal Communications Commission January 271999
Comments of the Center for Democracy and Technology on the CommunicationsAssistance for Law Enforcement Act CC Docket No 97-213 before theFederal Communications Commission May 20 1998
20
Comments ofthe Center for Democracy and Technology regarding theCommunications Assistance for Law Enforcement Act Extension ofOctober 1998 Compliance Date CC Docket No 97-213 before theFederal Communications Commission April 2 1998
d Supply four (4) copies transcripts or recordings of all speeches or talks deliveredby you including commencement speeches remarks lectures panel discussionsconferences political speeches and question-and-answer sessions Include thedate and place where they were delivered and readily available press reportsabout the speech or talk If you do not have a copy of the speech or a transcript orrecording of your remarks give the name and address of the group before whomthe speech was given the date of the speech and a summary of its subject matterIf you did not speak from a prepared text furnish a copy of any outline or notesfrom which you spoke
The list below consists of speeches or talks identified from my recollection frommy files and from search ofInternet databases Despite my searches there maybe other speeches or talks I have been unable to identifY find or remember
February 8 or 9 1994 - spoke on a panel about criminal history records at theNational Conference on Criminal History Records Brady and Beyondorganized by the Bureau of Justice Statistics US Department of JusticeConstitution Ave NW Washington DC and SEARCH 7311 Greenhaven DriveSuite 145 Sacramento California 95831
August 3 1994 - spoke on a panel about gang databases at the InternationalSymposium Criminal Justice Information Systems and Technology Buildingthe Infrastructure organized by SEARCH 7311 Greenhaven Drive Suite 145Sacramento California 95831
October 7 1998 - Presentation on Protecting the Human Right to Freedom ofExpression on the Global Internet made at the conference on the Public Voice inthe Development of Internet Policy Ottawa Canada organized by the ElectronicPrivacy Information Center 1718 Connecticut Ave NW Suite 200 WashingtonDC 20009 httpthepublicvoiceorgeventsottawa98defaulthtml (PowerPointattached - hardcopy)
April 2001 - Global Internet Policy initiative Promoting the Development of theInternet through Legal and Policy Reform Almaty Kazakhstan sponsored by theOpen Society Institute IlIA Zhe1toksan St Office 9 Almaty 050000 Kazakhstan(PowerPoint attached - hardcopy)
June 2001 - presented on Content Controls Freedom of Expression and ISPLiability on the Internet and Internet Policy Overview The legal and
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Regulatory Framework Enabling Development of the Internet at the AdvancedNetwork Workshop Stockholm Sweden sponsored by the Internet Society 1775Wiehle Avenue Suite 201 Reston VA (PowerPoints (2) submittedelectronically)
July 2001 - Internet and Democracy The Legal and Regulatory Frameworkpresentation at the National Foreign Affairs Training Center US Department ofState 2201 CSt NW Washington DC (PowerPoint submitted electronically)
July 2001 - spoke about Internet Policy Overview The Legal and RegulatoryFramework Enabling Development of the Internet as an Engine of EconomicGrowth at a telecommunications regulatory study tour training sessionsponsored by the US Telecommunications Training Institute 1150 ConnecticutAve NW Washington DC (PowerPoint submitted electronically)
April 2002 - spoke about Overview of Internet legislation The Legal andRegulatory Framework for Development of the Internet - Global Perspective inTashkent Uzbekistan organized by the Global Internet Policy Initiative-UZ 31Kamo1 Jalilov Street Tashkent and the United national Development ProgrammeOne United Nations Plaza New York NY 10017 (PowerPoint submittedelectronically)
June 18 2002 - Tutorial Legal and Regulatory Issues A Primer - ConsumerPrivacy Overview and Government Surveillance INET 02 sponsored by theInternet Society 1775 Wiehle Avenue Suite 201 Reston VA20190-5108 USA (PowerPoints (3) submitted electronically)
October 2002 - I am submitting electronically a PowerPoint dated October 2002on the subject Internet Policy Overview The Legal and Regulatory FrameworkEnabling Development ofthe Internet as an Engine of Economic Growth - basedon a review of my records I cannot determine whether I actually gave such apresentation in October 2002 let alone where
April 21 2003 - I am submitting electronically a PowerPoint dated April 212003 on the subject Privacy Overview - based on a review of my records Icannot determine whether I actually gave such a presentation in April 2003 letalone where
June 27 2003 - The Legal and Regulatory Framework Enabling Development ofthe Internet as an Engine of Economic Growth and DemocratizationUNITARIINTEL Seminar 2 United Nations Plaza New York City (PowerPointsubmitted electronically)
September 8 2003 - Protecting Privacy and Freedom of Communication in theFight against Cybercrime Southeast Europe Cybersecurity Conference in SofiaBulgaria sponsored by the United States Government Department of State 2201C Street NW Washington DC and the Government of Bulgariahttpwwwcybersecuritycooperationorg (PowerPoint submitted electronically)
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March 72004 - spoke at a workshop in Washington DC entitled CivilLiberties The Patriot Act The Toll on Our Rights convened by the NationalCouncil of Jewish Womens Washington Institute in Washington DC 1707 LStreet NW Suite 950 Washington DC 20036-4206
March 10 2004 - spoke on CALEA and VoIP at a brown bag lunch meeting ofthe DC Bars Computer and Telecommunications Law Section 1101 K StreetNW Suite 200 Washington DC
May 11 2004 - spoke about CALEA at a VoIP conference in Reston VAorganized by Law Seminars International 800 Fifth Avenue Suite 101 SeattleWA 98104
May 18 2004 - participated in a panel discussion on Internet governance at theMicrosoft Government Leaders Forum One Microsoft Way Redmond WA inSeattle Washington
June 4 2004 - spoke about Human Rights and the War on Terrorism at the USForeign Policy Colloquium sponsored by the National Committee on UnitedStates- China Relations 71 West 23rd Street Suite 1901 New York NY 10010-4102 (PowerPoint attached - hardcopy)
June 18 2004 - spoke on a panel on Government Surveillance Civil Libertiesand the War on Terror at the National Convention of the American ConstitutionSociety 1333 H Street NW 11th Floor Washington DC
July 2004 - Internet and Democracy The Legal and Regulatory FrameworkEnabling Development of the Internet as an Engine of Economic Growth andDemocratization presentation at National Foreign Affairs Training Center USDepartment of State 2201 C 81 NW Washington DC (PowerPoints (2)submitted electronically)
September 16 2004 - spoke on cybersecurity issues at the Academy forEducational Development 1825 Connecticut Ave NW Washington DC 20009-5721 as part of the DOT-COMInterAction Speaker Series Cyber-SecurityIssues in International Development Environments (PowerPoint submittedelectronically and handwritten notes attached in hardcopy
September 30 2004 - moderated a panel on Government Industry and Securityat the Privacy and National Security Forum in Washington DC sponsored by theInternational Association of Privacy Professionals 75 Rochester Ave Suite 4Portsmouth NH 03801 USA
October 62004 - presentation on The Patriot Act Civil Liberties and the War onTerrorism at LocationOne 26 Greene Street New York New York 10013
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October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
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May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
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and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
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September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
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May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
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May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
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December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
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June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
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March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
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January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
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SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
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INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
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11
What Are Critical Internet Resources Prepared by the Center forDemocracy amp Technology for the Second Internet Governance Forum inRio de Janeiro Brazil (Nov 142007)
Bills Would Strengthen Weaken Surveillance Standards Center for Democracyamp Technology website content (Oct 26 2007)
Federal Appeals Court Holds Email Content Is Constitutionally ProtectedCenter for Democracy amp Technology website content (July 25 2007)
IRS Proposal Could Impact Millions of Internet Users Center for Democracy ampTechnology website content (May 4 2007)
Bill Introduced to Reform FBI Data Demands Center for Democracy ampTechnology website content (March 292007)
The Internet in Transition 2009 and Beyond A Platform to Keep the InternetOpen Innovative and Free Center for Democracy amp Technologywebsite content (Nov 172006) available athttp oldcdtorgelection2008
ICANN Seeks Input on Improving Transparency and Accountability Center forDemocracy amp Technology website content (Nov 172006)
Congress Poised to Consider Dangerous NSA Bills Center for Democracy ampTechnology website content (Sept 25 2006)
FISA Modernization is Dangerous and Premature Center for Democracy ampTechnology website content (Aug 2 2006)
Internet Governance Debate Poses Unique Global Challenges Center forDemocracy amp Technology website content (July 192006)
Court Upholds Imposition of Technical Design Mandates on the InternetCenter for Democracy amp Technology website content (June 132006)
Illegal NSA Data Mining Highlights Need for Congressional Oversight Centerfor Democracy amp Technology website content (May 112006)
President Signs PATRIOT Act Reauthorization Bill Lacking Civil LibertiesProtections Center for Democracy amp Technology website content(March 172006)
Digital Technology Makes Surveillance Easier Requiring Stronger PrivacyLaws Center for Democracy amp Technology website content (Feb 222006)
Congress Begins Deeper Investigation ofNSAs Warrantless Wiretapping
12
Program Center for Democracy amp Technology website content (Feb 142006)
Digital Search amp Seizure Updating Privacy Protections to Keep Pace withTechnology Center for Democracy amp Technology (February 2006)
Congress Needs to Hear About PATRIOT Renewal Center for Democracy ampTechnology website content (Jan 4 2006)
Civil Liberties Crisis Confronts Nation Center for Democracy amp Technologywebsite content (Dec 19 2005)
PATRIOT Act Deal Falls Short on Civil Liberties Checks and Balances Centerfor Democracy amp Technology website content (Dec 122005)
Congressional Revolt Over Civil Liberties PATRIOT Reform Hangs in theBalance Center for Democracy amp Technology website content (Nov 112005)
Federal Appeals Court Reaffirms E-Mail Privacy Protections Center forDemocracy amp Technology website content (Aug 182005)
Civil Liberties at Issue in PATRIOT Act Reauthorization Center forDemocracy amp Technology website content (June 2 2005)
SAFE Act Would Control PATRIOT Powers Center for Democracy ampTechnology website content (April 26 2005)
Federal ID Proposals for US Citizens and Others Grow in Number and ScopeCenter for Democracy amp Technology website content (Jan 182005)
Technologies That Can Protect Privacy as Information is Shared to CombatTerrorism Center for Democracy amp Technology (May 26 2004)
The Internet and Law Enforcement Surveillance Extension of CALEA to theInternet Would Be Unlawful Unnecessary and Unwise Center forDemocracy amp Technology (May 20 2004)
No Design Mandates for Internet CDT Tells FCC Center for Democracy ampTechnology website content (April 28 2004)
Googles GMail Highlights General Privacy Concerns Center for Democracy ampTechnology website content (April 12 2004)
The Internet and Law Enforcement Surveillance Law Enforcement ConcernsCan Be Addressed Without Regulation Which Would Stifle InnovationRaise Costs Risk Security Center for Democracy amp Technology (March192004)
13
GAO Echoes CDT Criticisms of CAPPS II Coalition Calls for HearingsCenter for Democracy amp Technology website content (Feb 26 2004)
Security Holes at DMVs Feed ID Theft Offer Lessons for National ID CardDebate Center for Democracy amp Technology website content (Feb 32004)
Privacys Gap The Largely Non-Existent Legal Framework for GovernmentMining of Commercial Data Center for Democracy amp Technology(May 19 2003)
Part 4 Information Security and Government Policies in InformationTechnology Security Handbook (2003)
The E-Government Handbook for Developing Countries Project ofInfoDevand the Center for Democracy amp Technology (November 2002)
Appeals Court Rules on FCC CALEA Decision Center for Democracy ampTechnology website content (Aug 152000)
Bridging the Digital Divide Internet Access in Central and Eastern EuropeCenter for Democracy amp Technology (2000)
Square Pegs amp Round Holes Applying Campaign Finance Law to the Internet -Risks to Free Expression amp Democratic Values Center for Democracy ampTechnology (October 1999)
Regardless of Frontiers Protecting The Human Right to Freedom ofExpression on the Global Internet Global Internet Liberty Campaign(1998)
GIPI Reports
A Process for Developing Internet Policy The Model of the NationalICTInternet Summit - The Case Study of the Kyrgyz Republic GlobalInternet Policy Initiative (April 2001)
Licensing Options for Internet Service Providers Global Internet PolicyInitiative (June 23 2001 updated Sept 25 2002)
Application of Defamation Laws to the Internet Global Internet PolicyInitiative (October 2001)
14
Flat Rate versus Per Minute Charges for Telephone Service The Relationshipbetween Internet Access and Telephone Tariffs Global Internet PolicyInitiative (Dec 4 2001)
Taxation ofE-Commerce Global Internet Policy Initiative (December 2001)
Voice-over-IP The Future of Communications Global Internet Policy Initiative(April 29 2002)
Best Practices for Telecommunications Reform Global Internet PolicyInitiative (May 2002)
The Keys to the Back Office Building a Legal and Policy Framework to AttractIT-Enabled Outsourcing Global Internet Policy Initiative (May 2002)
Redelegation of Country Code Top Level Domains Global Internet PolicyInitiative (February 2003)
Trust And Security In Cyberspace The Legal And Policy Framework forAddressing Cybercrime Global Internet Policy Initiative (September2005)
Privacy and E-Government Privacy Impact Assessments and PrivacyCommissioners -Two Mechanisms for Protecting Privacy to PromoteCitizen Trust Online Global Internet Policy Initiative (May 12003)
Copyright and the Internet Building National Legislative Frameworks Based onInternational Copyright Law Olena Dmytrenko and James X DempseyGlobal Internet Policy Initiative (December 2004)
The Regulatory Framework for E-Commerce -International LegislativePractice Global Internet Policy Initiative (May 21 2002)
Creating the Legal Framework for ICT Development The Example ofE-Signature Legislation in Emerging Market Economies James XDempsey Global Internet Policy Initiative (2003)
The International Legal Framework for Data Protection and Its Transposition toDeveloping and Transitional Countries Global Internet Policy Initiative(Dec 28 2004)
Management of ccTLDs by Member States ofthe European Union GlobalInternet Policy Initiative (Oct 26 2002)
Building Local E-Government through Public-Private Partnerships ConferenceConclusions Conference on E-Government in Romania Global InternetPolicy Initiative (2005)
15
Additionally I managed all web content for the Global Internet Policy Initiativeavailable at httpwwwinternetpolicynet
c Supply four (4) copies of any testimony official statements or othercommunications relating in whole or in part to matters of public policy or legalinterpretation that you have issued or provided or that others presented on yourbehalf to public bodies or public officials
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
TestimonyTestimony before the Senate Judiciary Committee on The Electronic
Communications Privacy Act Promoting Security and Protecting Privacyin the Digital Age Sept 22 2010
Testimony before the House Judiciary Committee Subcommittee on theConstitution Civil Rights and Civil Liberties on ElectronicCommunications Privacy Act Reform May 52010
Testimony before the House Intelligence Committee on FISA and the ProtectAmerica Act Sept 182007
Testimony before the Senate Judiciary Committee on FISA and the ProtectAmerica Act Sept 25 2007
Testimony before the House Intelligence Committee on National Security LettersMar 28 2007
Testimony before the Presidents Privacy and Civil Liberties Oversight Board onPrivacy and Information Sharing for Counterterrorism Dec 52006
Testimony before the House Committee on the Judiciary Subcommittee onCrime Terrorism and Homeland Security on Updating FISA Sept 62006
Testimony before the Senate Judiciary Committee on Modernization of theForeign Intelligence Surveillance Act July 26 2006
Testimony before the House Intelligence Committee on Modernization of theForeign Intelligence Surveillance Act (FISA) July 192006
Testimony before the House Committee on Homeland Security Subcommittee on
16
Economic Security Infrastructure Protection and Cybersecurity onImproving Pre-Screening of Aviation Passengers against Terrorist andOther Watch Lists June 29 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act May 24 2005
Testimony before the House Permanent Select Committee on Intelligence on thePATRIOT Act May 112005
Testimony before the Senate Committee on the Judiciary on the PATRIOT ActMay 102005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Oversight Hearing on Implementation of the USAPATRIOT Act Section 212 May 5 2005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Implementation of the USA PATRIOT ActSections of the Act that Address Crime Terrorism and the Age ofTechnology April 21 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act April 19 2005
Testimony before the Senate Committee on the Judiciary on Securing ElectronicPersonal Data Striking a Balance Between Privacy and Commercial andGovernmental Use April 13 2005
Testimony before the Subcommittee on Telecommunications and the InternetHouse Committee on Energy and Commerce on Law Enforcement Accessto Communications Systems in a Digital Age Sept 8 2004
Testimony before the House Committee on Government Reform on Moving fromNeed to Know to Need to Share A Review ofthe 9-11 CommissionsRecommendations Aug 32004
Testimony before the Senate Committee on Commerce Science andTransportation on S 2281 The VOIP Regulatory Freedom Act of 2004June 16 2004
Testimony before the House Committee on the Judiciary Subcommittee onCommercial and Administrative Law on Privacy in the Hands of theGovernment The Privacy Officer for the Department of HomelandSecurity Feb 102004
Testimony before the Senate Committee on the Judiciary on America after 911Freedom Preserved or Freedom Lost Nov 182003
17
Testimony before the Subcommittee on Commercial and Administrative Law andthe Subcommittee on the Constitution of the House Judiciary Committeeon The Defense of Privacy Act and Privacy in the Hands of theGovernment July 22 2003
Testimony before the House Committee on the Judiciary Subcommittee on theConstitution on Anti-Terrorism Investigations and the Fourth AmendmentAfter September 11 Where and When Can the Government Go to PreventTerrorist Attacks May 202003
Testimony before the Subcommittee on Government Efficiency FinancialManagement and Intergovernmental Relations and the Subcommittee forTechnology and Procurement Policy of the House Committee onGovernment Reform on HR 3844 the Federal Information SecurityReform Act of 2002 May 2 2002
Testimony before the House Committee on the Judiciary Forum on NationalSecurity and the Constitution on the Nations Counter-Terrorism Programsand their Implications for Civil Liberties Jan 24 2002
Testimony before the House Committee on the Judiciary on Legislative Measuresto Improve Americas Counter-Terrorism Programs Sept 24 2001
Testimony before the House Subcommittee on the Constitution on privacylegislation Sept 6 2000
Testimony before the Senate Judiciary Committee on Carnivore Sept 62000
Testimony before the Senate Judiciary Committee on Internet Security andPrivacy May 25 2000
Testimony before the House Judiciary Subcommittee on the Constitution on TheFourth Amendment and the Internet April 6 2000
Testimony before the Subcommittee on Crime of the House Judiciary Committeeand the Subcommittee on Criminal Justice Oversight of the SenateJudiciary Committee on Internet Denial of Service Attacks and the FederalResponse Feb 29 2000
Testimony before the Commerce Committee on the Wireless PrivacyEnhancement Act of 1999 and the Wireless Communications and PublicSafety Enhancement Act of 1999 Feb 3 1999
Testimony before the House Committee on the Judiciary Subcommittee on Crimeon CALEA Implementation Oct 23 1997
18
Other CommunicationsComments of the Center for Democracy amp Technology regarding Cybersecurity
Innovation and the Internet Economy Docket No 100721305-0305-01before the US Department of Commerce September 202010
Comments of the Center for Democracy amp Technology regarding the Frameworkfor Broadband Internet Service GN Docket No 10-127 before theFederal Communications Commission July 152010
Comments of the Center for Democracy amp Technology regarding the Notice ofInquiry regarding the Assessment of the Transition of the TechnicalCoordination and Management of the Internets Domain Name andAddressing System before The National Telecommunications andInformation Administration within the US Department of CommerceJune 82009
Comments of the Center for Democracy amp Technology regarding TheContinued Transition of the Technical Coordination and Management ofthe Internets Domain Name and Addressing System Midterm Review ofthe Joint Project Agreement before The National Telecommunicationsand Information Administration within the US Department ofCommerce January 25 2008
Joint comments on the Petition for Expedited Rulemaking to Establish TechnicalRequirements and Standards Pursuant to Section 107 (b) of theCommunications Assistance for Law Enforcement Act before theFederal Communications Commission July 25 2007
Reply Comments by Industry and Public Interest Commenters in support of thePetition for Reconsideration and Clarification of the CALEAApplicability Order filed by the United States Telecom Association ETDocket No 04-295 before the Federal Communications CommissionJanuary 30 2006
Comments in support of the Petition for Reconsideration and Clarification of theCALEA Applicability Order ET Docket No 04-295 before the FederalCommunications Commission December 302005
Request for stay pending issuance of subsequent orders and for stay pendingjudicial review regarding the Communications Assistance for LawEnforcement Act and Broadband Access and Services ET Docket No 04-295 before the Federal Communications Commission November 232005
Joint Comments to the further notice of proposed rulemaking regarding the
19
Communications Assistance for Law Enforcement Act and BroadbandAccess and Services ET Docket No 04-295 before the FederalCommunications Commission November 142005
Bipartisan Working Group of Former Government Officials RecommendationsRegarding the Expiring Provisions ofthe Patriot Act July 172005
Letter to the Honorable John Sununu regarding Voice over Internet Protocol(VOIP) serves June 21 2004
Letter to Senator Akaka from the Center for Democracy amp Technology ACLUand the Electronic Privacy Information Center (EPIC) regarding datamining May 26 2004
Reply Comments of the Center for Democracy amp Technology regarding the JointPetition for Rulemaking to Resolve Various Outstanding IssuesConcerning the Implementation of the Communications Assistance forLaw Enforcement Act before the Federal Communications CommissionApril 27 2004
Letter to the Honorable Don Young and the Honorable James Oberstar regardingthe Transportation Security Administrations Computer AssistedPassenger Pre screening System (CAPPS II) February 172004
Comments ofthe Center for Democracy amp Technology on the Notice of Status ofSystem Records Interim Final Notice 68 Fed Reg 45265-01 (Aug 12003) Docket No DHSTSA-2003-01 September 302003
Comments on TSA s proposed Aviation Security Screening Records System 68Fed Reg 2101 (Jan 152003) Feb 242003
Comments on the Petition of the Cellular Telecommunications IndustryAssociation for a Rulemaking to Establish Fair Location InformationPractices before the Federal Communications Commission April 62001
Comments of the Center for Democracy amp Technology on the Council of EuropeDraft Convention on Cyber-crime Draft No 25 before the Council ofEurope and the US Department of Justice February 6 2001
Reply Comments of the Center for Democracy amp Technology regarding theCommunications Assistance for Law Enforcement Act CC Docket No97-213 before the Federal Communications Commission January 271999
Comments of the Center for Democracy and Technology on the CommunicationsAssistance for Law Enforcement Act CC Docket No 97-213 before theFederal Communications Commission May 20 1998
20
Comments ofthe Center for Democracy and Technology regarding theCommunications Assistance for Law Enforcement Act Extension ofOctober 1998 Compliance Date CC Docket No 97-213 before theFederal Communications Commission April 2 1998
d Supply four (4) copies transcripts or recordings of all speeches or talks deliveredby you including commencement speeches remarks lectures panel discussionsconferences political speeches and question-and-answer sessions Include thedate and place where they were delivered and readily available press reportsabout the speech or talk If you do not have a copy of the speech or a transcript orrecording of your remarks give the name and address of the group before whomthe speech was given the date of the speech and a summary of its subject matterIf you did not speak from a prepared text furnish a copy of any outline or notesfrom which you spoke
The list below consists of speeches or talks identified from my recollection frommy files and from search ofInternet databases Despite my searches there maybe other speeches or talks I have been unable to identifY find or remember
February 8 or 9 1994 - spoke on a panel about criminal history records at theNational Conference on Criminal History Records Brady and Beyondorganized by the Bureau of Justice Statistics US Department of JusticeConstitution Ave NW Washington DC and SEARCH 7311 Greenhaven DriveSuite 145 Sacramento California 95831
August 3 1994 - spoke on a panel about gang databases at the InternationalSymposium Criminal Justice Information Systems and Technology Buildingthe Infrastructure organized by SEARCH 7311 Greenhaven Drive Suite 145Sacramento California 95831
October 7 1998 - Presentation on Protecting the Human Right to Freedom ofExpression on the Global Internet made at the conference on the Public Voice inthe Development of Internet Policy Ottawa Canada organized by the ElectronicPrivacy Information Center 1718 Connecticut Ave NW Suite 200 WashingtonDC 20009 httpthepublicvoiceorgeventsottawa98defaulthtml (PowerPointattached - hardcopy)
April 2001 - Global Internet Policy initiative Promoting the Development of theInternet through Legal and Policy Reform Almaty Kazakhstan sponsored by theOpen Society Institute IlIA Zhe1toksan St Office 9 Almaty 050000 Kazakhstan(PowerPoint attached - hardcopy)
June 2001 - presented on Content Controls Freedom of Expression and ISPLiability on the Internet and Internet Policy Overview The legal and
21
Regulatory Framework Enabling Development of the Internet at the AdvancedNetwork Workshop Stockholm Sweden sponsored by the Internet Society 1775Wiehle Avenue Suite 201 Reston VA (PowerPoints (2) submittedelectronically)
July 2001 - Internet and Democracy The Legal and Regulatory Frameworkpresentation at the National Foreign Affairs Training Center US Department ofState 2201 CSt NW Washington DC (PowerPoint submitted electronically)
July 2001 - spoke about Internet Policy Overview The Legal and RegulatoryFramework Enabling Development of the Internet as an Engine of EconomicGrowth at a telecommunications regulatory study tour training sessionsponsored by the US Telecommunications Training Institute 1150 ConnecticutAve NW Washington DC (PowerPoint submitted electronically)
April 2002 - spoke about Overview of Internet legislation The Legal andRegulatory Framework for Development of the Internet - Global Perspective inTashkent Uzbekistan organized by the Global Internet Policy Initiative-UZ 31Kamo1 Jalilov Street Tashkent and the United national Development ProgrammeOne United Nations Plaza New York NY 10017 (PowerPoint submittedelectronically)
June 18 2002 - Tutorial Legal and Regulatory Issues A Primer - ConsumerPrivacy Overview and Government Surveillance INET 02 sponsored by theInternet Society 1775 Wiehle Avenue Suite 201 Reston VA20190-5108 USA (PowerPoints (3) submitted electronically)
October 2002 - I am submitting electronically a PowerPoint dated October 2002on the subject Internet Policy Overview The Legal and Regulatory FrameworkEnabling Development ofthe Internet as an Engine of Economic Growth - basedon a review of my records I cannot determine whether I actually gave such apresentation in October 2002 let alone where
April 21 2003 - I am submitting electronically a PowerPoint dated April 212003 on the subject Privacy Overview - based on a review of my records Icannot determine whether I actually gave such a presentation in April 2003 letalone where
June 27 2003 - The Legal and Regulatory Framework Enabling Development ofthe Internet as an Engine of Economic Growth and DemocratizationUNITARIINTEL Seminar 2 United Nations Plaza New York City (PowerPointsubmitted electronically)
September 8 2003 - Protecting Privacy and Freedom of Communication in theFight against Cybercrime Southeast Europe Cybersecurity Conference in SofiaBulgaria sponsored by the United States Government Department of State 2201C Street NW Washington DC and the Government of Bulgariahttpwwwcybersecuritycooperationorg (PowerPoint submitted electronically)
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March 72004 - spoke at a workshop in Washington DC entitled CivilLiberties The Patriot Act The Toll on Our Rights convened by the NationalCouncil of Jewish Womens Washington Institute in Washington DC 1707 LStreet NW Suite 950 Washington DC 20036-4206
March 10 2004 - spoke on CALEA and VoIP at a brown bag lunch meeting ofthe DC Bars Computer and Telecommunications Law Section 1101 K StreetNW Suite 200 Washington DC
May 11 2004 - spoke about CALEA at a VoIP conference in Reston VAorganized by Law Seminars International 800 Fifth Avenue Suite 101 SeattleWA 98104
May 18 2004 - participated in a panel discussion on Internet governance at theMicrosoft Government Leaders Forum One Microsoft Way Redmond WA inSeattle Washington
June 4 2004 - spoke about Human Rights and the War on Terrorism at the USForeign Policy Colloquium sponsored by the National Committee on UnitedStates- China Relations 71 West 23rd Street Suite 1901 New York NY 10010-4102 (PowerPoint attached - hardcopy)
June 18 2004 - spoke on a panel on Government Surveillance Civil Libertiesand the War on Terror at the National Convention of the American ConstitutionSociety 1333 H Street NW 11th Floor Washington DC
July 2004 - Internet and Democracy The Legal and Regulatory FrameworkEnabling Development of the Internet as an Engine of Economic Growth andDemocratization presentation at National Foreign Affairs Training Center USDepartment of State 2201 C 81 NW Washington DC (PowerPoints (2)submitted electronically)
September 16 2004 - spoke on cybersecurity issues at the Academy forEducational Development 1825 Connecticut Ave NW Washington DC 20009-5721 as part of the DOT-COMInterAction Speaker Series Cyber-SecurityIssues in International Development Environments (PowerPoint submittedelectronically and handwritten notes attached in hardcopy
September 30 2004 - moderated a panel on Government Industry and Securityat the Privacy and National Security Forum in Washington DC sponsored by theInternational Association of Privacy Professionals 75 Rochester Ave Suite 4Portsmouth NH 03801 USA
October 62004 - presentation on The Patriot Act Civil Liberties and the War onTerrorism at LocationOne 26 Greene Street New York New York 10013
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October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
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May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
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September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
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May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
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May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
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December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
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June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
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March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
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January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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12
Program Center for Democracy amp Technology website content (Feb 142006)
Digital Search amp Seizure Updating Privacy Protections to Keep Pace withTechnology Center for Democracy amp Technology (February 2006)
Congress Needs to Hear About PATRIOT Renewal Center for Democracy ampTechnology website content (Jan 4 2006)
Civil Liberties Crisis Confronts Nation Center for Democracy amp Technologywebsite content (Dec 19 2005)
PATRIOT Act Deal Falls Short on Civil Liberties Checks and Balances Centerfor Democracy amp Technology website content (Dec 122005)
Congressional Revolt Over Civil Liberties PATRIOT Reform Hangs in theBalance Center for Democracy amp Technology website content (Nov 112005)
Federal Appeals Court Reaffirms E-Mail Privacy Protections Center forDemocracy amp Technology website content (Aug 182005)
Civil Liberties at Issue in PATRIOT Act Reauthorization Center forDemocracy amp Technology website content (June 2 2005)
SAFE Act Would Control PATRIOT Powers Center for Democracy ampTechnology website content (April 26 2005)
Federal ID Proposals for US Citizens and Others Grow in Number and ScopeCenter for Democracy amp Technology website content (Jan 182005)
Technologies That Can Protect Privacy as Information is Shared to CombatTerrorism Center for Democracy amp Technology (May 26 2004)
The Internet and Law Enforcement Surveillance Extension of CALEA to theInternet Would Be Unlawful Unnecessary and Unwise Center forDemocracy amp Technology (May 20 2004)
No Design Mandates for Internet CDT Tells FCC Center for Democracy ampTechnology website content (April 28 2004)
Googles GMail Highlights General Privacy Concerns Center for Democracy ampTechnology website content (April 12 2004)
The Internet and Law Enforcement Surveillance Law Enforcement ConcernsCan Be Addressed Without Regulation Which Would Stifle InnovationRaise Costs Risk Security Center for Democracy amp Technology (March192004)
13
GAO Echoes CDT Criticisms of CAPPS II Coalition Calls for HearingsCenter for Democracy amp Technology website content (Feb 26 2004)
Security Holes at DMVs Feed ID Theft Offer Lessons for National ID CardDebate Center for Democracy amp Technology website content (Feb 32004)
Privacys Gap The Largely Non-Existent Legal Framework for GovernmentMining of Commercial Data Center for Democracy amp Technology(May 19 2003)
Part 4 Information Security and Government Policies in InformationTechnology Security Handbook (2003)
The E-Government Handbook for Developing Countries Project ofInfoDevand the Center for Democracy amp Technology (November 2002)
Appeals Court Rules on FCC CALEA Decision Center for Democracy ampTechnology website content (Aug 152000)
Bridging the Digital Divide Internet Access in Central and Eastern EuropeCenter for Democracy amp Technology (2000)
Square Pegs amp Round Holes Applying Campaign Finance Law to the Internet -Risks to Free Expression amp Democratic Values Center for Democracy ampTechnology (October 1999)
Regardless of Frontiers Protecting The Human Right to Freedom ofExpression on the Global Internet Global Internet Liberty Campaign(1998)
GIPI Reports
A Process for Developing Internet Policy The Model of the NationalICTInternet Summit - The Case Study of the Kyrgyz Republic GlobalInternet Policy Initiative (April 2001)
Licensing Options for Internet Service Providers Global Internet PolicyInitiative (June 23 2001 updated Sept 25 2002)
Application of Defamation Laws to the Internet Global Internet PolicyInitiative (October 2001)
14
Flat Rate versus Per Minute Charges for Telephone Service The Relationshipbetween Internet Access and Telephone Tariffs Global Internet PolicyInitiative (Dec 4 2001)
Taxation ofE-Commerce Global Internet Policy Initiative (December 2001)
Voice-over-IP The Future of Communications Global Internet Policy Initiative(April 29 2002)
Best Practices for Telecommunications Reform Global Internet PolicyInitiative (May 2002)
The Keys to the Back Office Building a Legal and Policy Framework to AttractIT-Enabled Outsourcing Global Internet Policy Initiative (May 2002)
Redelegation of Country Code Top Level Domains Global Internet PolicyInitiative (February 2003)
Trust And Security In Cyberspace The Legal And Policy Framework forAddressing Cybercrime Global Internet Policy Initiative (September2005)
Privacy and E-Government Privacy Impact Assessments and PrivacyCommissioners -Two Mechanisms for Protecting Privacy to PromoteCitizen Trust Online Global Internet Policy Initiative (May 12003)
Copyright and the Internet Building National Legislative Frameworks Based onInternational Copyright Law Olena Dmytrenko and James X DempseyGlobal Internet Policy Initiative (December 2004)
The Regulatory Framework for E-Commerce -International LegislativePractice Global Internet Policy Initiative (May 21 2002)
Creating the Legal Framework for ICT Development The Example ofE-Signature Legislation in Emerging Market Economies James XDempsey Global Internet Policy Initiative (2003)
The International Legal Framework for Data Protection and Its Transposition toDeveloping and Transitional Countries Global Internet Policy Initiative(Dec 28 2004)
Management of ccTLDs by Member States ofthe European Union GlobalInternet Policy Initiative (Oct 26 2002)
Building Local E-Government through Public-Private Partnerships ConferenceConclusions Conference on E-Government in Romania Global InternetPolicy Initiative (2005)
15
Additionally I managed all web content for the Global Internet Policy Initiativeavailable at httpwwwinternetpolicynet
c Supply four (4) copies of any testimony official statements or othercommunications relating in whole or in part to matters of public policy or legalinterpretation that you have issued or provided or that others presented on yourbehalf to public bodies or public officials
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
TestimonyTestimony before the Senate Judiciary Committee on The Electronic
Communications Privacy Act Promoting Security and Protecting Privacyin the Digital Age Sept 22 2010
Testimony before the House Judiciary Committee Subcommittee on theConstitution Civil Rights and Civil Liberties on ElectronicCommunications Privacy Act Reform May 52010
Testimony before the House Intelligence Committee on FISA and the ProtectAmerica Act Sept 182007
Testimony before the Senate Judiciary Committee on FISA and the ProtectAmerica Act Sept 25 2007
Testimony before the House Intelligence Committee on National Security LettersMar 28 2007
Testimony before the Presidents Privacy and Civil Liberties Oversight Board onPrivacy and Information Sharing for Counterterrorism Dec 52006
Testimony before the House Committee on the Judiciary Subcommittee onCrime Terrorism and Homeland Security on Updating FISA Sept 62006
Testimony before the Senate Judiciary Committee on Modernization of theForeign Intelligence Surveillance Act July 26 2006
Testimony before the House Intelligence Committee on Modernization of theForeign Intelligence Surveillance Act (FISA) July 192006
Testimony before the House Committee on Homeland Security Subcommittee on
16
Economic Security Infrastructure Protection and Cybersecurity onImproving Pre-Screening of Aviation Passengers against Terrorist andOther Watch Lists June 29 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act May 24 2005
Testimony before the House Permanent Select Committee on Intelligence on thePATRIOT Act May 112005
Testimony before the Senate Committee on the Judiciary on the PATRIOT ActMay 102005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Oversight Hearing on Implementation of the USAPATRIOT Act Section 212 May 5 2005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Implementation of the USA PATRIOT ActSections of the Act that Address Crime Terrorism and the Age ofTechnology April 21 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act April 19 2005
Testimony before the Senate Committee on the Judiciary on Securing ElectronicPersonal Data Striking a Balance Between Privacy and Commercial andGovernmental Use April 13 2005
Testimony before the Subcommittee on Telecommunications and the InternetHouse Committee on Energy and Commerce on Law Enforcement Accessto Communications Systems in a Digital Age Sept 8 2004
Testimony before the House Committee on Government Reform on Moving fromNeed to Know to Need to Share A Review ofthe 9-11 CommissionsRecommendations Aug 32004
Testimony before the Senate Committee on Commerce Science andTransportation on S 2281 The VOIP Regulatory Freedom Act of 2004June 16 2004
Testimony before the House Committee on the Judiciary Subcommittee onCommercial and Administrative Law on Privacy in the Hands of theGovernment The Privacy Officer for the Department of HomelandSecurity Feb 102004
Testimony before the Senate Committee on the Judiciary on America after 911Freedom Preserved or Freedom Lost Nov 182003
17
Testimony before the Subcommittee on Commercial and Administrative Law andthe Subcommittee on the Constitution of the House Judiciary Committeeon The Defense of Privacy Act and Privacy in the Hands of theGovernment July 22 2003
Testimony before the House Committee on the Judiciary Subcommittee on theConstitution on Anti-Terrorism Investigations and the Fourth AmendmentAfter September 11 Where and When Can the Government Go to PreventTerrorist Attacks May 202003
Testimony before the Subcommittee on Government Efficiency FinancialManagement and Intergovernmental Relations and the Subcommittee forTechnology and Procurement Policy of the House Committee onGovernment Reform on HR 3844 the Federal Information SecurityReform Act of 2002 May 2 2002
Testimony before the House Committee on the Judiciary Forum on NationalSecurity and the Constitution on the Nations Counter-Terrorism Programsand their Implications for Civil Liberties Jan 24 2002
Testimony before the House Committee on the Judiciary on Legislative Measuresto Improve Americas Counter-Terrorism Programs Sept 24 2001
Testimony before the House Subcommittee on the Constitution on privacylegislation Sept 6 2000
Testimony before the Senate Judiciary Committee on Carnivore Sept 62000
Testimony before the Senate Judiciary Committee on Internet Security andPrivacy May 25 2000
Testimony before the House Judiciary Subcommittee on the Constitution on TheFourth Amendment and the Internet April 6 2000
Testimony before the Subcommittee on Crime of the House Judiciary Committeeand the Subcommittee on Criminal Justice Oversight of the SenateJudiciary Committee on Internet Denial of Service Attacks and the FederalResponse Feb 29 2000
Testimony before the Commerce Committee on the Wireless PrivacyEnhancement Act of 1999 and the Wireless Communications and PublicSafety Enhancement Act of 1999 Feb 3 1999
Testimony before the House Committee on the Judiciary Subcommittee on Crimeon CALEA Implementation Oct 23 1997
18
Other CommunicationsComments of the Center for Democracy amp Technology regarding Cybersecurity
Innovation and the Internet Economy Docket No 100721305-0305-01before the US Department of Commerce September 202010
Comments of the Center for Democracy amp Technology regarding the Frameworkfor Broadband Internet Service GN Docket No 10-127 before theFederal Communications Commission July 152010
Comments of the Center for Democracy amp Technology regarding the Notice ofInquiry regarding the Assessment of the Transition of the TechnicalCoordination and Management of the Internets Domain Name andAddressing System before The National Telecommunications andInformation Administration within the US Department of CommerceJune 82009
Comments of the Center for Democracy amp Technology regarding TheContinued Transition of the Technical Coordination and Management ofthe Internets Domain Name and Addressing System Midterm Review ofthe Joint Project Agreement before The National Telecommunicationsand Information Administration within the US Department ofCommerce January 25 2008
Joint comments on the Petition for Expedited Rulemaking to Establish TechnicalRequirements and Standards Pursuant to Section 107 (b) of theCommunications Assistance for Law Enforcement Act before theFederal Communications Commission July 25 2007
Reply Comments by Industry and Public Interest Commenters in support of thePetition for Reconsideration and Clarification of the CALEAApplicability Order filed by the United States Telecom Association ETDocket No 04-295 before the Federal Communications CommissionJanuary 30 2006
Comments in support of the Petition for Reconsideration and Clarification of theCALEA Applicability Order ET Docket No 04-295 before the FederalCommunications Commission December 302005
Request for stay pending issuance of subsequent orders and for stay pendingjudicial review regarding the Communications Assistance for LawEnforcement Act and Broadband Access and Services ET Docket No 04-295 before the Federal Communications Commission November 232005
Joint Comments to the further notice of proposed rulemaking regarding the
19
Communications Assistance for Law Enforcement Act and BroadbandAccess and Services ET Docket No 04-295 before the FederalCommunications Commission November 142005
Bipartisan Working Group of Former Government Officials RecommendationsRegarding the Expiring Provisions ofthe Patriot Act July 172005
Letter to the Honorable John Sununu regarding Voice over Internet Protocol(VOIP) serves June 21 2004
Letter to Senator Akaka from the Center for Democracy amp Technology ACLUand the Electronic Privacy Information Center (EPIC) regarding datamining May 26 2004
Reply Comments of the Center for Democracy amp Technology regarding the JointPetition for Rulemaking to Resolve Various Outstanding IssuesConcerning the Implementation of the Communications Assistance forLaw Enforcement Act before the Federal Communications CommissionApril 27 2004
Letter to the Honorable Don Young and the Honorable James Oberstar regardingthe Transportation Security Administrations Computer AssistedPassenger Pre screening System (CAPPS II) February 172004
Comments ofthe Center for Democracy amp Technology on the Notice of Status ofSystem Records Interim Final Notice 68 Fed Reg 45265-01 (Aug 12003) Docket No DHSTSA-2003-01 September 302003
Comments on TSA s proposed Aviation Security Screening Records System 68Fed Reg 2101 (Jan 152003) Feb 242003
Comments on the Petition of the Cellular Telecommunications IndustryAssociation for a Rulemaking to Establish Fair Location InformationPractices before the Federal Communications Commission April 62001
Comments of the Center for Democracy amp Technology on the Council of EuropeDraft Convention on Cyber-crime Draft No 25 before the Council ofEurope and the US Department of Justice February 6 2001
Reply Comments of the Center for Democracy amp Technology regarding theCommunications Assistance for Law Enforcement Act CC Docket No97-213 before the Federal Communications Commission January 271999
Comments of the Center for Democracy and Technology on the CommunicationsAssistance for Law Enforcement Act CC Docket No 97-213 before theFederal Communications Commission May 20 1998
20
Comments ofthe Center for Democracy and Technology regarding theCommunications Assistance for Law Enforcement Act Extension ofOctober 1998 Compliance Date CC Docket No 97-213 before theFederal Communications Commission April 2 1998
d Supply four (4) copies transcripts or recordings of all speeches or talks deliveredby you including commencement speeches remarks lectures panel discussionsconferences political speeches and question-and-answer sessions Include thedate and place where they were delivered and readily available press reportsabout the speech or talk If you do not have a copy of the speech or a transcript orrecording of your remarks give the name and address of the group before whomthe speech was given the date of the speech and a summary of its subject matterIf you did not speak from a prepared text furnish a copy of any outline or notesfrom which you spoke
The list below consists of speeches or talks identified from my recollection frommy files and from search ofInternet databases Despite my searches there maybe other speeches or talks I have been unable to identifY find or remember
February 8 or 9 1994 - spoke on a panel about criminal history records at theNational Conference on Criminal History Records Brady and Beyondorganized by the Bureau of Justice Statistics US Department of JusticeConstitution Ave NW Washington DC and SEARCH 7311 Greenhaven DriveSuite 145 Sacramento California 95831
August 3 1994 - spoke on a panel about gang databases at the InternationalSymposium Criminal Justice Information Systems and Technology Buildingthe Infrastructure organized by SEARCH 7311 Greenhaven Drive Suite 145Sacramento California 95831
October 7 1998 - Presentation on Protecting the Human Right to Freedom ofExpression on the Global Internet made at the conference on the Public Voice inthe Development of Internet Policy Ottawa Canada organized by the ElectronicPrivacy Information Center 1718 Connecticut Ave NW Suite 200 WashingtonDC 20009 httpthepublicvoiceorgeventsottawa98defaulthtml (PowerPointattached - hardcopy)
April 2001 - Global Internet Policy initiative Promoting the Development of theInternet through Legal and Policy Reform Almaty Kazakhstan sponsored by theOpen Society Institute IlIA Zhe1toksan St Office 9 Almaty 050000 Kazakhstan(PowerPoint attached - hardcopy)
June 2001 - presented on Content Controls Freedom of Expression and ISPLiability on the Internet and Internet Policy Overview The legal and
21
Regulatory Framework Enabling Development of the Internet at the AdvancedNetwork Workshop Stockholm Sweden sponsored by the Internet Society 1775Wiehle Avenue Suite 201 Reston VA (PowerPoints (2) submittedelectronically)
July 2001 - Internet and Democracy The Legal and Regulatory Frameworkpresentation at the National Foreign Affairs Training Center US Department ofState 2201 CSt NW Washington DC (PowerPoint submitted electronically)
July 2001 - spoke about Internet Policy Overview The Legal and RegulatoryFramework Enabling Development of the Internet as an Engine of EconomicGrowth at a telecommunications regulatory study tour training sessionsponsored by the US Telecommunications Training Institute 1150 ConnecticutAve NW Washington DC (PowerPoint submitted electronically)
April 2002 - spoke about Overview of Internet legislation The Legal andRegulatory Framework for Development of the Internet - Global Perspective inTashkent Uzbekistan organized by the Global Internet Policy Initiative-UZ 31Kamo1 Jalilov Street Tashkent and the United national Development ProgrammeOne United Nations Plaza New York NY 10017 (PowerPoint submittedelectronically)
June 18 2002 - Tutorial Legal and Regulatory Issues A Primer - ConsumerPrivacy Overview and Government Surveillance INET 02 sponsored by theInternet Society 1775 Wiehle Avenue Suite 201 Reston VA20190-5108 USA (PowerPoints (3) submitted electronically)
October 2002 - I am submitting electronically a PowerPoint dated October 2002on the subject Internet Policy Overview The Legal and Regulatory FrameworkEnabling Development ofthe Internet as an Engine of Economic Growth - basedon a review of my records I cannot determine whether I actually gave such apresentation in October 2002 let alone where
April 21 2003 - I am submitting electronically a PowerPoint dated April 212003 on the subject Privacy Overview - based on a review of my records Icannot determine whether I actually gave such a presentation in April 2003 letalone where
June 27 2003 - The Legal and Regulatory Framework Enabling Development ofthe Internet as an Engine of Economic Growth and DemocratizationUNITARIINTEL Seminar 2 United Nations Plaza New York City (PowerPointsubmitted electronically)
September 8 2003 - Protecting Privacy and Freedom of Communication in theFight against Cybercrime Southeast Europe Cybersecurity Conference in SofiaBulgaria sponsored by the United States Government Department of State 2201C Street NW Washington DC and the Government of Bulgariahttpwwwcybersecuritycooperationorg (PowerPoint submitted electronically)
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March 72004 - spoke at a workshop in Washington DC entitled CivilLiberties The Patriot Act The Toll on Our Rights convened by the NationalCouncil of Jewish Womens Washington Institute in Washington DC 1707 LStreet NW Suite 950 Washington DC 20036-4206
March 10 2004 - spoke on CALEA and VoIP at a brown bag lunch meeting ofthe DC Bars Computer and Telecommunications Law Section 1101 K StreetNW Suite 200 Washington DC
May 11 2004 - spoke about CALEA at a VoIP conference in Reston VAorganized by Law Seminars International 800 Fifth Avenue Suite 101 SeattleWA 98104
May 18 2004 - participated in a panel discussion on Internet governance at theMicrosoft Government Leaders Forum One Microsoft Way Redmond WA inSeattle Washington
June 4 2004 - spoke about Human Rights and the War on Terrorism at the USForeign Policy Colloquium sponsored by the National Committee on UnitedStates- China Relations 71 West 23rd Street Suite 1901 New York NY 10010-4102 (PowerPoint attached - hardcopy)
June 18 2004 - spoke on a panel on Government Surveillance Civil Libertiesand the War on Terror at the National Convention of the American ConstitutionSociety 1333 H Street NW 11th Floor Washington DC
July 2004 - Internet and Democracy The Legal and Regulatory FrameworkEnabling Development of the Internet as an Engine of Economic Growth andDemocratization presentation at National Foreign Affairs Training Center USDepartment of State 2201 C 81 NW Washington DC (PowerPoints (2)submitted electronically)
September 16 2004 - spoke on cybersecurity issues at the Academy forEducational Development 1825 Connecticut Ave NW Washington DC 20009-5721 as part of the DOT-COMInterAction Speaker Series Cyber-SecurityIssues in International Development Environments (PowerPoint submittedelectronically and handwritten notes attached in hardcopy
September 30 2004 - moderated a panel on Government Industry and Securityat the Privacy and National Security Forum in Washington DC sponsored by theInternational Association of Privacy Professionals 75 Rochester Ave Suite 4Portsmouth NH 03801 USA
October 62004 - presentation on The Patriot Act Civil Liberties and the War onTerrorism at LocationOne 26 Greene Street New York New York 10013
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October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
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May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
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and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
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May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
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May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
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December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
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June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
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March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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13
GAO Echoes CDT Criticisms of CAPPS II Coalition Calls for HearingsCenter for Democracy amp Technology website content (Feb 26 2004)
Security Holes at DMVs Feed ID Theft Offer Lessons for National ID CardDebate Center for Democracy amp Technology website content (Feb 32004)
Privacys Gap The Largely Non-Existent Legal Framework for GovernmentMining of Commercial Data Center for Democracy amp Technology(May 19 2003)
Part 4 Information Security and Government Policies in InformationTechnology Security Handbook (2003)
The E-Government Handbook for Developing Countries Project ofInfoDevand the Center for Democracy amp Technology (November 2002)
Appeals Court Rules on FCC CALEA Decision Center for Democracy ampTechnology website content (Aug 152000)
Bridging the Digital Divide Internet Access in Central and Eastern EuropeCenter for Democracy amp Technology (2000)
Square Pegs amp Round Holes Applying Campaign Finance Law to the Internet -Risks to Free Expression amp Democratic Values Center for Democracy ampTechnology (October 1999)
Regardless of Frontiers Protecting The Human Right to Freedom ofExpression on the Global Internet Global Internet Liberty Campaign(1998)
GIPI Reports
A Process for Developing Internet Policy The Model of the NationalICTInternet Summit - The Case Study of the Kyrgyz Republic GlobalInternet Policy Initiative (April 2001)
Licensing Options for Internet Service Providers Global Internet PolicyInitiative (June 23 2001 updated Sept 25 2002)
Application of Defamation Laws to the Internet Global Internet PolicyInitiative (October 2001)
14
Flat Rate versus Per Minute Charges for Telephone Service The Relationshipbetween Internet Access and Telephone Tariffs Global Internet PolicyInitiative (Dec 4 2001)
Taxation ofE-Commerce Global Internet Policy Initiative (December 2001)
Voice-over-IP The Future of Communications Global Internet Policy Initiative(April 29 2002)
Best Practices for Telecommunications Reform Global Internet PolicyInitiative (May 2002)
The Keys to the Back Office Building a Legal and Policy Framework to AttractIT-Enabled Outsourcing Global Internet Policy Initiative (May 2002)
Redelegation of Country Code Top Level Domains Global Internet PolicyInitiative (February 2003)
Trust And Security In Cyberspace The Legal And Policy Framework forAddressing Cybercrime Global Internet Policy Initiative (September2005)
Privacy and E-Government Privacy Impact Assessments and PrivacyCommissioners -Two Mechanisms for Protecting Privacy to PromoteCitizen Trust Online Global Internet Policy Initiative (May 12003)
Copyright and the Internet Building National Legislative Frameworks Based onInternational Copyright Law Olena Dmytrenko and James X DempseyGlobal Internet Policy Initiative (December 2004)
The Regulatory Framework for E-Commerce -International LegislativePractice Global Internet Policy Initiative (May 21 2002)
Creating the Legal Framework for ICT Development The Example ofE-Signature Legislation in Emerging Market Economies James XDempsey Global Internet Policy Initiative (2003)
The International Legal Framework for Data Protection and Its Transposition toDeveloping and Transitional Countries Global Internet Policy Initiative(Dec 28 2004)
Management of ccTLDs by Member States ofthe European Union GlobalInternet Policy Initiative (Oct 26 2002)
Building Local E-Government through Public-Private Partnerships ConferenceConclusions Conference on E-Government in Romania Global InternetPolicy Initiative (2005)
15
Additionally I managed all web content for the Global Internet Policy Initiativeavailable at httpwwwinternetpolicynet
c Supply four (4) copies of any testimony official statements or othercommunications relating in whole or in part to matters of public policy or legalinterpretation that you have issued or provided or that others presented on yourbehalf to public bodies or public officials
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
TestimonyTestimony before the Senate Judiciary Committee on The Electronic
Communications Privacy Act Promoting Security and Protecting Privacyin the Digital Age Sept 22 2010
Testimony before the House Judiciary Committee Subcommittee on theConstitution Civil Rights and Civil Liberties on ElectronicCommunications Privacy Act Reform May 52010
Testimony before the House Intelligence Committee on FISA and the ProtectAmerica Act Sept 182007
Testimony before the Senate Judiciary Committee on FISA and the ProtectAmerica Act Sept 25 2007
Testimony before the House Intelligence Committee on National Security LettersMar 28 2007
Testimony before the Presidents Privacy and Civil Liberties Oversight Board onPrivacy and Information Sharing for Counterterrorism Dec 52006
Testimony before the House Committee on the Judiciary Subcommittee onCrime Terrorism and Homeland Security on Updating FISA Sept 62006
Testimony before the Senate Judiciary Committee on Modernization of theForeign Intelligence Surveillance Act July 26 2006
Testimony before the House Intelligence Committee on Modernization of theForeign Intelligence Surveillance Act (FISA) July 192006
Testimony before the House Committee on Homeland Security Subcommittee on
16
Economic Security Infrastructure Protection and Cybersecurity onImproving Pre-Screening of Aviation Passengers against Terrorist andOther Watch Lists June 29 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act May 24 2005
Testimony before the House Permanent Select Committee on Intelligence on thePATRIOT Act May 112005
Testimony before the Senate Committee on the Judiciary on the PATRIOT ActMay 102005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Oversight Hearing on Implementation of the USAPATRIOT Act Section 212 May 5 2005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Implementation of the USA PATRIOT ActSections of the Act that Address Crime Terrorism and the Age ofTechnology April 21 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act April 19 2005
Testimony before the Senate Committee on the Judiciary on Securing ElectronicPersonal Data Striking a Balance Between Privacy and Commercial andGovernmental Use April 13 2005
Testimony before the Subcommittee on Telecommunications and the InternetHouse Committee on Energy and Commerce on Law Enforcement Accessto Communications Systems in a Digital Age Sept 8 2004
Testimony before the House Committee on Government Reform on Moving fromNeed to Know to Need to Share A Review ofthe 9-11 CommissionsRecommendations Aug 32004
Testimony before the Senate Committee on Commerce Science andTransportation on S 2281 The VOIP Regulatory Freedom Act of 2004June 16 2004
Testimony before the House Committee on the Judiciary Subcommittee onCommercial and Administrative Law on Privacy in the Hands of theGovernment The Privacy Officer for the Department of HomelandSecurity Feb 102004
Testimony before the Senate Committee on the Judiciary on America after 911Freedom Preserved or Freedom Lost Nov 182003
17
Testimony before the Subcommittee on Commercial and Administrative Law andthe Subcommittee on the Constitution of the House Judiciary Committeeon The Defense of Privacy Act and Privacy in the Hands of theGovernment July 22 2003
Testimony before the House Committee on the Judiciary Subcommittee on theConstitution on Anti-Terrorism Investigations and the Fourth AmendmentAfter September 11 Where and When Can the Government Go to PreventTerrorist Attacks May 202003
Testimony before the Subcommittee on Government Efficiency FinancialManagement and Intergovernmental Relations and the Subcommittee forTechnology and Procurement Policy of the House Committee onGovernment Reform on HR 3844 the Federal Information SecurityReform Act of 2002 May 2 2002
Testimony before the House Committee on the Judiciary Forum on NationalSecurity and the Constitution on the Nations Counter-Terrorism Programsand their Implications for Civil Liberties Jan 24 2002
Testimony before the House Committee on the Judiciary on Legislative Measuresto Improve Americas Counter-Terrorism Programs Sept 24 2001
Testimony before the House Subcommittee on the Constitution on privacylegislation Sept 6 2000
Testimony before the Senate Judiciary Committee on Carnivore Sept 62000
Testimony before the Senate Judiciary Committee on Internet Security andPrivacy May 25 2000
Testimony before the House Judiciary Subcommittee on the Constitution on TheFourth Amendment and the Internet April 6 2000
Testimony before the Subcommittee on Crime of the House Judiciary Committeeand the Subcommittee on Criminal Justice Oversight of the SenateJudiciary Committee on Internet Denial of Service Attacks and the FederalResponse Feb 29 2000
Testimony before the Commerce Committee on the Wireless PrivacyEnhancement Act of 1999 and the Wireless Communications and PublicSafety Enhancement Act of 1999 Feb 3 1999
Testimony before the House Committee on the Judiciary Subcommittee on Crimeon CALEA Implementation Oct 23 1997
18
Other CommunicationsComments of the Center for Democracy amp Technology regarding Cybersecurity
Innovation and the Internet Economy Docket No 100721305-0305-01before the US Department of Commerce September 202010
Comments of the Center for Democracy amp Technology regarding the Frameworkfor Broadband Internet Service GN Docket No 10-127 before theFederal Communications Commission July 152010
Comments of the Center for Democracy amp Technology regarding the Notice ofInquiry regarding the Assessment of the Transition of the TechnicalCoordination and Management of the Internets Domain Name andAddressing System before The National Telecommunications andInformation Administration within the US Department of CommerceJune 82009
Comments of the Center for Democracy amp Technology regarding TheContinued Transition of the Technical Coordination and Management ofthe Internets Domain Name and Addressing System Midterm Review ofthe Joint Project Agreement before The National Telecommunicationsand Information Administration within the US Department ofCommerce January 25 2008
Joint comments on the Petition for Expedited Rulemaking to Establish TechnicalRequirements and Standards Pursuant to Section 107 (b) of theCommunications Assistance for Law Enforcement Act before theFederal Communications Commission July 25 2007
Reply Comments by Industry and Public Interest Commenters in support of thePetition for Reconsideration and Clarification of the CALEAApplicability Order filed by the United States Telecom Association ETDocket No 04-295 before the Federal Communications CommissionJanuary 30 2006
Comments in support of the Petition for Reconsideration and Clarification of theCALEA Applicability Order ET Docket No 04-295 before the FederalCommunications Commission December 302005
Request for stay pending issuance of subsequent orders and for stay pendingjudicial review regarding the Communications Assistance for LawEnforcement Act and Broadband Access and Services ET Docket No 04-295 before the Federal Communications Commission November 232005
Joint Comments to the further notice of proposed rulemaking regarding the
19
Communications Assistance for Law Enforcement Act and BroadbandAccess and Services ET Docket No 04-295 before the FederalCommunications Commission November 142005
Bipartisan Working Group of Former Government Officials RecommendationsRegarding the Expiring Provisions ofthe Patriot Act July 172005
Letter to the Honorable John Sununu regarding Voice over Internet Protocol(VOIP) serves June 21 2004
Letter to Senator Akaka from the Center for Democracy amp Technology ACLUand the Electronic Privacy Information Center (EPIC) regarding datamining May 26 2004
Reply Comments of the Center for Democracy amp Technology regarding the JointPetition for Rulemaking to Resolve Various Outstanding IssuesConcerning the Implementation of the Communications Assistance forLaw Enforcement Act before the Federal Communications CommissionApril 27 2004
Letter to the Honorable Don Young and the Honorable James Oberstar regardingthe Transportation Security Administrations Computer AssistedPassenger Pre screening System (CAPPS II) February 172004
Comments ofthe Center for Democracy amp Technology on the Notice of Status ofSystem Records Interim Final Notice 68 Fed Reg 45265-01 (Aug 12003) Docket No DHSTSA-2003-01 September 302003
Comments on TSA s proposed Aviation Security Screening Records System 68Fed Reg 2101 (Jan 152003) Feb 242003
Comments on the Petition of the Cellular Telecommunications IndustryAssociation for a Rulemaking to Establish Fair Location InformationPractices before the Federal Communications Commission April 62001
Comments of the Center for Democracy amp Technology on the Council of EuropeDraft Convention on Cyber-crime Draft No 25 before the Council ofEurope and the US Department of Justice February 6 2001
Reply Comments of the Center for Democracy amp Technology regarding theCommunications Assistance for Law Enforcement Act CC Docket No97-213 before the Federal Communications Commission January 271999
Comments of the Center for Democracy and Technology on the CommunicationsAssistance for Law Enforcement Act CC Docket No 97-213 before theFederal Communications Commission May 20 1998
20
Comments ofthe Center for Democracy and Technology regarding theCommunications Assistance for Law Enforcement Act Extension ofOctober 1998 Compliance Date CC Docket No 97-213 before theFederal Communications Commission April 2 1998
d Supply four (4) copies transcripts or recordings of all speeches or talks deliveredby you including commencement speeches remarks lectures panel discussionsconferences political speeches and question-and-answer sessions Include thedate and place where they were delivered and readily available press reportsabout the speech or talk If you do not have a copy of the speech or a transcript orrecording of your remarks give the name and address of the group before whomthe speech was given the date of the speech and a summary of its subject matterIf you did not speak from a prepared text furnish a copy of any outline or notesfrom which you spoke
The list below consists of speeches or talks identified from my recollection frommy files and from search ofInternet databases Despite my searches there maybe other speeches or talks I have been unable to identifY find or remember
February 8 or 9 1994 - spoke on a panel about criminal history records at theNational Conference on Criminal History Records Brady and Beyondorganized by the Bureau of Justice Statistics US Department of JusticeConstitution Ave NW Washington DC and SEARCH 7311 Greenhaven DriveSuite 145 Sacramento California 95831
August 3 1994 - spoke on a panel about gang databases at the InternationalSymposium Criminal Justice Information Systems and Technology Buildingthe Infrastructure organized by SEARCH 7311 Greenhaven Drive Suite 145Sacramento California 95831
October 7 1998 - Presentation on Protecting the Human Right to Freedom ofExpression on the Global Internet made at the conference on the Public Voice inthe Development of Internet Policy Ottawa Canada organized by the ElectronicPrivacy Information Center 1718 Connecticut Ave NW Suite 200 WashingtonDC 20009 httpthepublicvoiceorgeventsottawa98defaulthtml (PowerPointattached - hardcopy)
April 2001 - Global Internet Policy initiative Promoting the Development of theInternet through Legal and Policy Reform Almaty Kazakhstan sponsored by theOpen Society Institute IlIA Zhe1toksan St Office 9 Almaty 050000 Kazakhstan(PowerPoint attached - hardcopy)
June 2001 - presented on Content Controls Freedom of Expression and ISPLiability on the Internet and Internet Policy Overview The legal and
21
Regulatory Framework Enabling Development of the Internet at the AdvancedNetwork Workshop Stockholm Sweden sponsored by the Internet Society 1775Wiehle Avenue Suite 201 Reston VA (PowerPoints (2) submittedelectronically)
July 2001 - Internet and Democracy The Legal and Regulatory Frameworkpresentation at the National Foreign Affairs Training Center US Department ofState 2201 CSt NW Washington DC (PowerPoint submitted electronically)
July 2001 - spoke about Internet Policy Overview The Legal and RegulatoryFramework Enabling Development of the Internet as an Engine of EconomicGrowth at a telecommunications regulatory study tour training sessionsponsored by the US Telecommunications Training Institute 1150 ConnecticutAve NW Washington DC (PowerPoint submitted electronically)
April 2002 - spoke about Overview of Internet legislation The Legal andRegulatory Framework for Development of the Internet - Global Perspective inTashkent Uzbekistan organized by the Global Internet Policy Initiative-UZ 31Kamo1 Jalilov Street Tashkent and the United national Development ProgrammeOne United Nations Plaza New York NY 10017 (PowerPoint submittedelectronically)
June 18 2002 - Tutorial Legal and Regulatory Issues A Primer - ConsumerPrivacy Overview and Government Surveillance INET 02 sponsored by theInternet Society 1775 Wiehle Avenue Suite 201 Reston VA20190-5108 USA (PowerPoints (3) submitted electronically)
October 2002 - I am submitting electronically a PowerPoint dated October 2002on the subject Internet Policy Overview The Legal and Regulatory FrameworkEnabling Development ofthe Internet as an Engine of Economic Growth - basedon a review of my records I cannot determine whether I actually gave such apresentation in October 2002 let alone where
April 21 2003 - I am submitting electronically a PowerPoint dated April 212003 on the subject Privacy Overview - based on a review of my records Icannot determine whether I actually gave such a presentation in April 2003 letalone where
June 27 2003 - The Legal and Regulatory Framework Enabling Development ofthe Internet as an Engine of Economic Growth and DemocratizationUNITARIINTEL Seminar 2 United Nations Plaza New York City (PowerPointsubmitted electronically)
September 8 2003 - Protecting Privacy and Freedom of Communication in theFight against Cybercrime Southeast Europe Cybersecurity Conference in SofiaBulgaria sponsored by the United States Government Department of State 2201C Street NW Washington DC and the Government of Bulgariahttpwwwcybersecuritycooperationorg (PowerPoint submitted electronically)
22
March 72004 - spoke at a workshop in Washington DC entitled CivilLiberties The Patriot Act The Toll on Our Rights convened by the NationalCouncil of Jewish Womens Washington Institute in Washington DC 1707 LStreet NW Suite 950 Washington DC 20036-4206
March 10 2004 - spoke on CALEA and VoIP at a brown bag lunch meeting ofthe DC Bars Computer and Telecommunications Law Section 1101 K StreetNW Suite 200 Washington DC
May 11 2004 - spoke about CALEA at a VoIP conference in Reston VAorganized by Law Seminars International 800 Fifth Avenue Suite 101 SeattleWA 98104
May 18 2004 - participated in a panel discussion on Internet governance at theMicrosoft Government Leaders Forum One Microsoft Way Redmond WA inSeattle Washington
June 4 2004 - spoke about Human Rights and the War on Terrorism at the USForeign Policy Colloquium sponsored by the National Committee on UnitedStates- China Relations 71 West 23rd Street Suite 1901 New York NY 10010-4102 (PowerPoint attached - hardcopy)
June 18 2004 - spoke on a panel on Government Surveillance Civil Libertiesand the War on Terror at the National Convention of the American ConstitutionSociety 1333 H Street NW 11th Floor Washington DC
July 2004 - Internet and Democracy The Legal and Regulatory FrameworkEnabling Development of the Internet as an Engine of Economic Growth andDemocratization presentation at National Foreign Affairs Training Center USDepartment of State 2201 C 81 NW Washington DC (PowerPoints (2)submitted electronically)
September 16 2004 - spoke on cybersecurity issues at the Academy forEducational Development 1825 Connecticut Ave NW Washington DC 20009-5721 as part of the DOT-COMInterAction Speaker Series Cyber-SecurityIssues in International Development Environments (PowerPoint submittedelectronically and handwritten notes attached in hardcopy
September 30 2004 - moderated a panel on Government Industry and Securityat the Privacy and National Security Forum in Washington DC sponsored by theInternational Association of Privacy Professionals 75 Rochester Ave Suite 4Portsmouth NH 03801 USA
October 62004 - presentation on The Patriot Act Civil Liberties and the War onTerrorism at LocationOne 26 Greene Street New York New York 10013
23
October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
24
May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
27
May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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14
Flat Rate versus Per Minute Charges for Telephone Service The Relationshipbetween Internet Access and Telephone Tariffs Global Internet PolicyInitiative (Dec 4 2001)
Taxation ofE-Commerce Global Internet Policy Initiative (December 2001)
Voice-over-IP The Future of Communications Global Internet Policy Initiative(April 29 2002)
Best Practices for Telecommunications Reform Global Internet PolicyInitiative (May 2002)
The Keys to the Back Office Building a Legal and Policy Framework to AttractIT-Enabled Outsourcing Global Internet Policy Initiative (May 2002)
Redelegation of Country Code Top Level Domains Global Internet PolicyInitiative (February 2003)
Trust And Security In Cyberspace The Legal And Policy Framework forAddressing Cybercrime Global Internet Policy Initiative (September2005)
Privacy and E-Government Privacy Impact Assessments and PrivacyCommissioners -Two Mechanisms for Protecting Privacy to PromoteCitizen Trust Online Global Internet Policy Initiative (May 12003)
Copyright and the Internet Building National Legislative Frameworks Based onInternational Copyright Law Olena Dmytrenko and James X DempseyGlobal Internet Policy Initiative (December 2004)
The Regulatory Framework for E-Commerce -International LegislativePractice Global Internet Policy Initiative (May 21 2002)
Creating the Legal Framework for ICT Development The Example ofE-Signature Legislation in Emerging Market Economies James XDempsey Global Internet Policy Initiative (2003)
The International Legal Framework for Data Protection and Its Transposition toDeveloping and Transitional Countries Global Internet Policy Initiative(Dec 28 2004)
Management of ccTLDs by Member States ofthe European Union GlobalInternet Policy Initiative (Oct 26 2002)
Building Local E-Government through Public-Private Partnerships ConferenceConclusions Conference on E-Government in Romania Global InternetPolicy Initiative (2005)
15
Additionally I managed all web content for the Global Internet Policy Initiativeavailable at httpwwwinternetpolicynet
c Supply four (4) copies of any testimony official statements or othercommunications relating in whole or in part to matters of public policy or legalinterpretation that you have issued or provided or that others presented on yourbehalf to public bodies or public officials
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
TestimonyTestimony before the Senate Judiciary Committee on The Electronic
Communications Privacy Act Promoting Security and Protecting Privacyin the Digital Age Sept 22 2010
Testimony before the House Judiciary Committee Subcommittee on theConstitution Civil Rights and Civil Liberties on ElectronicCommunications Privacy Act Reform May 52010
Testimony before the House Intelligence Committee on FISA and the ProtectAmerica Act Sept 182007
Testimony before the Senate Judiciary Committee on FISA and the ProtectAmerica Act Sept 25 2007
Testimony before the House Intelligence Committee on National Security LettersMar 28 2007
Testimony before the Presidents Privacy and Civil Liberties Oversight Board onPrivacy and Information Sharing for Counterterrorism Dec 52006
Testimony before the House Committee on the Judiciary Subcommittee onCrime Terrorism and Homeland Security on Updating FISA Sept 62006
Testimony before the Senate Judiciary Committee on Modernization of theForeign Intelligence Surveillance Act July 26 2006
Testimony before the House Intelligence Committee on Modernization of theForeign Intelligence Surveillance Act (FISA) July 192006
Testimony before the House Committee on Homeland Security Subcommittee on
16
Economic Security Infrastructure Protection and Cybersecurity onImproving Pre-Screening of Aviation Passengers against Terrorist andOther Watch Lists June 29 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act May 24 2005
Testimony before the House Permanent Select Committee on Intelligence on thePATRIOT Act May 112005
Testimony before the Senate Committee on the Judiciary on the PATRIOT ActMay 102005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Oversight Hearing on Implementation of the USAPATRIOT Act Section 212 May 5 2005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Implementation of the USA PATRIOT ActSections of the Act that Address Crime Terrorism and the Age ofTechnology April 21 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act April 19 2005
Testimony before the Senate Committee on the Judiciary on Securing ElectronicPersonal Data Striking a Balance Between Privacy and Commercial andGovernmental Use April 13 2005
Testimony before the Subcommittee on Telecommunications and the InternetHouse Committee on Energy and Commerce on Law Enforcement Accessto Communications Systems in a Digital Age Sept 8 2004
Testimony before the House Committee on Government Reform on Moving fromNeed to Know to Need to Share A Review ofthe 9-11 CommissionsRecommendations Aug 32004
Testimony before the Senate Committee on Commerce Science andTransportation on S 2281 The VOIP Regulatory Freedom Act of 2004June 16 2004
Testimony before the House Committee on the Judiciary Subcommittee onCommercial and Administrative Law on Privacy in the Hands of theGovernment The Privacy Officer for the Department of HomelandSecurity Feb 102004
Testimony before the Senate Committee on the Judiciary on America after 911Freedom Preserved or Freedom Lost Nov 182003
17
Testimony before the Subcommittee on Commercial and Administrative Law andthe Subcommittee on the Constitution of the House Judiciary Committeeon The Defense of Privacy Act and Privacy in the Hands of theGovernment July 22 2003
Testimony before the House Committee on the Judiciary Subcommittee on theConstitution on Anti-Terrorism Investigations and the Fourth AmendmentAfter September 11 Where and When Can the Government Go to PreventTerrorist Attacks May 202003
Testimony before the Subcommittee on Government Efficiency FinancialManagement and Intergovernmental Relations and the Subcommittee forTechnology and Procurement Policy of the House Committee onGovernment Reform on HR 3844 the Federal Information SecurityReform Act of 2002 May 2 2002
Testimony before the House Committee on the Judiciary Forum on NationalSecurity and the Constitution on the Nations Counter-Terrorism Programsand their Implications for Civil Liberties Jan 24 2002
Testimony before the House Committee on the Judiciary on Legislative Measuresto Improve Americas Counter-Terrorism Programs Sept 24 2001
Testimony before the House Subcommittee on the Constitution on privacylegislation Sept 6 2000
Testimony before the Senate Judiciary Committee on Carnivore Sept 62000
Testimony before the Senate Judiciary Committee on Internet Security andPrivacy May 25 2000
Testimony before the House Judiciary Subcommittee on the Constitution on TheFourth Amendment and the Internet April 6 2000
Testimony before the Subcommittee on Crime of the House Judiciary Committeeand the Subcommittee on Criminal Justice Oversight of the SenateJudiciary Committee on Internet Denial of Service Attacks and the FederalResponse Feb 29 2000
Testimony before the Commerce Committee on the Wireless PrivacyEnhancement Act of 1999 and the Wireless Communications and PublicSafety Enhancement Act of 1999 Feb 3 1999
Testimony before the House Committee on the Judiciary Subcommittee on Crimeon CALEA Implementation Oct 23 1997
18
Other CommunicationsComments of the Center for Democracy amp Technology regarding Cybersecurity
Innovation and the Internet Economy Docket No 100721305-0305-01before the US Department of Commerce September 202010
Comments of the Center for Democracy amp Technology regarding the Frameworkfor Broadband Internet Service GN Docket No 10-127 before theFederal Communications Commission July 152010
Comments of the Center for Democracy amp Technology regarding the Notice ofInquiry regarding the Assessment of the Transition of the TechnicalCoordination and Management of the Internets Domain Name andAddressing System before The National Telecommunications andInformation Administration within the US Department of CommerceJune 82009
Comments of the Center for Democracy amp Technology regarding TheContinued Transition of the Technical Coordination and Management ofthe Internets Domain Name and Addressing System Midterm Review ofthe Joint Project Agreement before The National Telecommunicationsand Information Administration within the US Department ofCommerce January 25 2008
Joint comments on the Petition for Expedited Rulemaking to Establish TechnicalRequirements and Standards Pursuant to Section 107 (b) of theCommunications Assistance for Law Enforcement Act before theFederal Communications Commission July 25 2007
Reply Comments by Industry and Public Interest Commenters in support of thePetition for Reconsideration and Clarification of the CALEAApplicability Order filed by the United States Telecom Association ETDocket No 04-295 before the Federal Communications CommissionJanuary 30 2006
Comments in support of the Petition for Reconsideration and Clarification of theCALEA Applicability Order ET Docket No 04-295 before the FederalCommunications Commission December 302005
Request for stay pending issuance of subsequent orders and for stay pendingjudicial review regarding the Communications Assistance for LawEnforcement Act and Broadband Access and Services ET Docket No 04-295 before the Federal Communications Commission November 232005
Joint Comments to the further notice of proposed rulemaking regarding the
19
Communications Assistance for Law Enforcement Act and BroadbandAccess and Services ET Docket No 04-295 before the FederalCommunications Commission November 142005
Bipartisan Working Group of Former Government Officials RecommendationsRegarding the Expiring Provisions ofthe Patriot Act July 172005
Letter to the Honorable John Sununu regarding Voice over Internet Protocol(VOIP) serves June 21 2004
Letter to Senator Akaka from the Center for Democracy amp Technology ACLUand the Electronic Privacy Information Center (EPIC) regarding datamining May 26 2004
Reply Comments of the Center for Democracy amp Technology regarding the JointPetition for Rulemaking to Resolve Various Outstanding IssuesConcerning the Implementation of the Communications Assistance forLaw Enforcement Act before the Federal Communications CommissionApril 27 2004
Letter to the Honorable Don Young and the Honorable James Oberstar regardingthe Transportation Security Administrations Computer AssistedPassenger Pre screening System (CAPPS II) February 172004
Comments ofthe Center for Democracy amp Technology on the Notice of Status ofSystem Records Interim Final Notice 68 Fed Reg 45265-01 (Aug 12003) Docket No DHSTSA-2003-01 September 302003
Comments on TSA s proposed Aviation Security Screening Records System 68Fed Reg 2101 (Jan 152003) Feb 242003
Comments on the Petition of the Cellular Telecommunications IndustryAssociation for a Rulemaking to Establish Fair Location InformationPractices before the Federal Communications Commission April 62001
Comments of the Center for Democracy amp Technology on the Council of EuropeDraft Convention on Cyber-crime Draft No 25 before the Council ofEurope and the US Department of Justice February 6 2001
Reply Comments of the Center for Democracy amp Technology regarding theCommunications Assistance for Law Enforcement Act CC Docket No97-213 before the Federal Communications Commission January 271999
Comments of the Center for Democracy and Technology on the CommunicationsAssistance for Law Enforcement Act CC Docket No 97-213 before theFederal Communications Commission May 20 1998
20
Comments ofthe Center for Democracy and Technology regarding theCommunications Assistance for Law Enforcement Act Extension ofOctober 1998 Compliance Date CC Docket No 97-213 before theFederal Communications Commission April 2 1998
d Supply four (4) copies transcripts or recordings of all speeches or talks deliveredby you including commencement speeches remarks lectures panel discussionsconferences political speeches and question-and-answer sessions Include thedate and place where they were delivered and readily available press reportsabout the speech or talk If you do not have a copy of the speech or a transcript orrecording of your remarks give the name and address of the group before whomthe speech was given the date of the speech and a summary of its subject matterIf you did not speak from a prepared text furnish a copy of any outline or notesfrom which you spoke
The list below consists of speeches or talks identified from my recollection frommy files and from search ofInternet databases Despite my searches there maybe other speeches or talks I have been unable to identifY find or remember
February 8 or 9 1994 - spoke on a panel about criminal history records at theNational Conference on Criminal History Records Brady and Beyondorganized by the Bureau of Justice Statistics US Department of JusticeConstitution Ave NW Washington DC and SEARCH 7311 Greenhaven DriveSuite 145 Sacramento California 95831
August 3 1994 - spoke on a panel about gang databases at the InternationalSymposium Criminal Justice Information Systems and Technology Buildingthe Infrastructure organized by SEARCH 7311 Greenhaven Drive Suite 145Sacramento California 95831
October 7 1998 - Presentation on Protecting the Human Right to Freedom ofExpression on the Global Internet made at the conference on the Public Voice inthe Development of Internet Policy Ottawa Canada organized by the ElectronicPrivacy Information Center 1718 Connecticut Ave NW Suite 200 WashingtonDC 20009 httpthepublicvoiceorgeventsottawa98defaulthtml (PowerPointattached - hardcopy)
April 2001 - Global Internet Policy initiative Promoting the Development of theInternet through Legal and Policy Reform Almaty Kazakhstan sponsored by theOpen Society Institute IlIA Zhe1toksan St Office 9 Almaty 050000 Kazakhstan(PowerPoint attached - hardcopy)
June 2001 - presented on Content Controls Freedom of Expression and ISPLiability on the Internet and Internet Policy Overview The legal and
21
Regulatory Framework Enabling Development of the Internet at the AdvancedNetwork Workshop Stockholm Sweden sponsored by the Internet Society 1775Wiehle Avenue Suite 201 Reston VA (PowerPoints (2) submittedelectronically)
July 2001 - Internet and Democracy The Legal and Regulatory Frameworkpresentation at the National Foreign Affairs Training Center US Department ofState 2201 CSt NW Washington DC (PowerPoint submitted electronically)
July 2001 - spoke about Internet Policy Overview The Legal and RegulatoryFramework Enabling Development of the Internet as an Engine of EconomicGrowth at a telecommunications regulatory study tour training sessionsponsored by the US Telecommunications Training Institute 1150 ConnecticutAve NW Washington DC (PowerPoint submitted electronically)
April 2002 - spoke about Overview of Internet legislation The Legal andRegulatory Framework for Development of the Internet - Global Perspective inTashkent Uzbekistan organized by the Global Internet Policy Initiative-UZ 31Kamo1 Jalilov Street Tashkent and the United national Development ProgrammeOne United Nations Plaza New York NY 10017 (PowerPoint submittedelectronically)
June 18 2002 - Tutorial Legal and Regulatory Issues A Primer - ConsumerPrivacy Overview and Government Surveillance INET 02 sponsored by theInternet Society 1775 Wiehle Avenue Suite 201 Reston VA20190-5108 USA (PowerPoints (3) submitted electronically)
October 2002 - I am submitting electronically a PowerPoint dated October 2002on the subject Internet Policy Overview The Legal and Regulatory FrameworkEnabling Development ofthe Internet as an Engine of Economic Growth - basedon a review of my records I cannot determine whether I actually gave such apresentation in October 2002 let alone where
April 21 2003 - I am submitting electronically a PowerPoint dated April 212003 on the subject Privacy Overview - based on a review of my records Icannot determine whether I actually gave such a presentation in April 2003 letalone where
June 27 2003 - The Legal and Regulatory Framework Enabling Development ofthe Internet as an Engine of Economic Growth and DemocratizationUNITARIINTEL Seminar 2 United Nations Plaza New York City (PowerPointsubmitted electronically)
September 8 2003 - Protecting Privacy and Freedom of Communication in theFight against Cybercrime Southeast Europe Cybersecurity Conference in SofiaBulgaria sponsored by the United States Government Department of State 2201C Street NW Washington DC and the Government of Bulgariahttpwwwcybersecuritycooperationorg (PowerPoint submitted electronically)
22
March 72004 - spoke at a workshop in Washington DC entitled CivilLiberties The Patriot Act The Toll on Our Rights convened by the NationalCouncil of Jewish Womens Washington Institute in Washington DC 1707 LStreet NW Suite 950 Washington DC 20036-4206
March 10 2004 - spoke on CALEA and VoIP at a brown bag lunch meeting ofthe DC Bars Computer and Telecommunications Law Section 1101 K StreetNW Suite 200 Washington DC
May 11 2004 - spoke about CALEA at a VoIP conference in Reston VAorganized by Law Seminars International 800 Fifth Avenue Suite 101 SeattleWA 98104
May 18 2004 - participated in a panel discussion on Internet governance at theMicrosoft Government Leaders Forum One Microsoft Way Redmond WA inSeattle Washington
June 4 2004 - spoke about Human Rights and the War on Terrorism at the USForeign Policy Colloquium sponsored by the National Committee on UnitedStates- China Relations 71 West 23rd Street Suite 1901 New York NY 10010-4102 (PowerPoint attached - hardcopy)
June 18 2004 - spoke on a panel on Government Surveillance Civil Libertiesand the War on Terror at the National Convention of the American ConstitutionSociety 1333 H Street NW 11th Floor Washington DC
July 2004 - Internet and Democracy The Legal and Regulatory FrameworkEnabling Development of the Internet as an Engine of Economic Growth andDemocratization presentation at National Foreign Affairs Training Center USDepartment of State 2201 C 81 NW Washington DC (PowerPoints (2)submitted electronically)
September 16 2004 - spoke on cybersecurity issues at the Academy forEducational Development 1825 Connecticut Ave NW Washington DC 20009-5721 as part of the DOT-COMInterAction Speaker Series Cyber-SecurityIssues in International Development Environments (PowerPoint submittedelectronically and handwritten notes attached in hardcopy
September 30 2004 - moderated a panel on Government Industry and Securityat the Privacy and National Security Forum in Washington DC sponsored by theInternational Association of Privacy Professionals 75 Rochester Ave Suite 4Portsmouth NH 03801 USA
October 62004 - presentation on The Patriot Act Civil Liberties and the War onTerrorism at LocationOne 26 Greene Street New York New York 10013
23
October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
24
May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
27
May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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15
Additionally I managed all web content for the Global Internet Policy Initiativeavailable at httpwwwinternetpolicynet
c Supply four (4) copies of any testimony official statements or othercommunications relating in whole or in part to matters of public policy or legalinterpretation that you have issued or provided or that others presented on yourbehalf to public bodies or public officials
The list below consists of materials identified from my recollection from myfiles and from search of Internet databases A copy is supplied for each itemDespite these searches there may be other items I have been unable to identifyfind or remember
TestimonyTestimony before the Senate Judiciary Committee on The Electronic
Communications Privacy Act Promoting Security and Protecting Privacyin the Digital Age Sept 22 2010
Testimony before the House Judiciary Committee Subcommittee on theConstitution Civil Rights and Civil Liberties on ElectronicCommunications Privacy Act Reform May 52010
Testimony before the House Intelligence Committee on FISA and the ProtectAmerica Act Sept 182007
Testimony before the Senate Judiciary Committee on FISA and the ProtectAmerica Act Sept 25 2007
Testimony before the House Intelligence Committee on National Security LettersMar 28 2007
Testimony before the Presidents Privacy and Civil Liberties Oversight Board onPrivacy and Information Sharing for Counterterrorism Dec 52006
Testimony before the House Committee on the Judiciary Subcommittee onCrime Terrorism and Homeland Security on Updating FISA Sept 62006
Testimony before the Senate Judiciary Committee on Modernization of theForeign Intelligence Surveillance Act July 26 2006
Testimony before the House Intelligence Committee on Modernization of theForeign Intelligence Surveillance Act (FISA) July 192006
Testimony before the House Committee on Homeland Security Subcommittee on
16
Economic Security Infrastructure Protection and Cybersecurity onImproving Pre-Screening of Aviation Passengers against Terrorist andOther Watch Lists June 29 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act May 24 2005
Testimony before the House Permanent Select Committee on Intelligence on thePATRIOT Act May 112005
Testimony before the Senate Committee on the Judiciary on the PATRIOT ActMay 102005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Oversight Hearing on Implementation of the USAPATRIOT Act Section 212 May 5 2005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Implementation of the USA PATRIOT ActSections of the Act that Address Crime Terrorism and the Age ofTechnology April 21 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act April 19 2005
Testimony before the Senate Committee on the Judiciary on Securing ElectronicPersonal Data Striking a Balance Between Privacy and Commercial andGovernmental Use April 13 2005
Testimony before the Subcommittee on Telecommunications and the InternetHouse Committee on Energy and Commerce on Law Enforcement Accessto Communications Systems in a Digital Age Sept 8 2004
Testimony before the House Committee on Government Reform on Moving fromNeed to Know to Need to Share A Review ofthe 9-11 CommissionsRecommendations Aug 32004
Testimony before the Senate Committee on Commerce Science andTransportation on S 2281 The VOIP Regulatory Freedom Act of 2004June 16 2004
Testimony before the House Committee on the Judiciary Subcommittee onCommercial and Administrative Law on Privacy in the Hands of theGovernment The Privacy Officer for the Department of HomelandSecurity Feb 102004
Testimony before the Senate Committee on the Judiciary on America after 911Freedom Preserved or Freedom Lost Nov 182003
17
Testimony before the Subcommittee on Commercial and Administrative Law andthe Subcommittee on the Constitution of the House Judiciary Committeeon The Defense of Privacy Act and Privacy in the Hands of theGovernment July 22 2003
Testimony before the House Committee on the Judiciary Subcommittee on theConstitution on Anti-Terrorism Investigations and the Fourth AmendmentAfter September 11 Where and When Can the Government Go to PreventTerrorist Attacks May 202003
Testimony before the Subcommittee on Government Efficiency FinancialManagement and Intergovernmental Relations and the Subcommittee forTechnology and Procurement Policy of the House Committee onGovernment Reform on HR 3844 the Federal Information SecurityReform Act of 2002 May 2 2002
Testimony before the House Committee on the Judiciary Forum on NationalSecurity and the Constitution on the Nations Counter-Terrorism Programsand their Implications for Civil Liberties Jan 24 2002
Testimony before the House Committee on the Judiciary on Legislative Measuresto Improve Americas Counter-Terrorism Programs Sept 24 2001
Testimony before the House Subcommittee on the Constitution on privacylegislation Sept 6 2000
Testimony before the Senate Judiciary Committee on Carnivore Sept 62000
Testimony before the Senate Judiciary Committee on Internet Security andPrivacy May 25 2000
Testimony before the House Judiciary Subcommittee on the Constitution on TheFourth Amendment and the Internet April 6 2000
Testimony before the Subcommittee on Crime of the House Judiciary Committeeand the Subcommittee on Criminal Justice Oversight of the SenateJudiciary Committee on Internet Denial of Service Attacks and the FederalResponse Feb 29 2000
Testimony before the Commerce Committee on the Wireless PrivacyEnhancement Act of 1999 and the Wireless Communications and PublicSafety Enhancement Act of 1999 Feb 3 1999
Testimony before the House Committee on the Judiciary Subcommittee on Crimeon CALEA Implementation Oct 23 1997
18
Other CommunicationsComments of the Center for Democracy amp Technology regarding Cybersecurity
Innovation and the Internet Economy Docket No 100721305-0305-01before the US Department of Commerce September 202010
Comments of the Center for Democracy amp Technology regarding the Frameworkfor Broadband Internet Service GN Docket No 10-127 before theFederal Communications Commission July 152010
Comments of the Center for Democracy amp Technology regarding the Notice ofInquiry regarding the Assessment of the Transition of the TechnicalCoordination and Management of the Internets Domain Name andAddressing System before The National Telecommunications andInformation Administration within the US Department of CommerceJune 82009
Comments of the Center for Democracy amp Technology regarding TheContinued Transition of the Technical Coordination and Management ofthe Internets Domain Name and Addressing System Midterm Review ofthe Joint Project Agreement before The National Telecommunicationsand Information Administration within the US Department ofCommerce January 25 2008
Joint comments on the Petition for Expedited Rulemaking to Establish TechnicalRequirements and Standards Pursuant to Section 107 (b) of theCommunications Assistance for Law Enforcement Act before theFederal Communications Commission July 25 2007
Reply Comments by Industry and Public Interest Commenters in support of thePetition for Reconsideration and Clarification of the CALEAApplicability Order filed by the United States Telecom Association ETDocket No 04-295 before the Federal Communications CommissionJanuary 30 2006
Comments in support of the Petition for Reconsideration and Clarification of theCALEA Applicability Order ET Docket No 04-295 before the FederalCommunications Commission December 302005
Request for stay pending issuance of subsequent orders and for stay pendingjudicial review regarding the Communications Assistance for LawEnforcement Act and Broadband Access and Services ET Docket No 04-295 before the Federal Communications Commission November 232005
Joint Comments to the further notice of proposed rulemaking regarding the
19
Communications Assistance for Law Enforcement Act and BroadbandAccess and Services ET Docket No 04-295 before the FederalCommunications Commission November 142005
Bipartisan Working Group of Former Government Officials RecommendationsRegarding the Expiring Provisions ofthe Patriot Act July 172005
Letter to the Honorable John Sununu regarding Voice over Internet Protocol(VOIP) serves June 21 2004
Letter to Senator Akaka from the Center for Democracy amp Technology ACLUand the Electronic Privacy Information Center (EPIC) regarding datamining May 26 2004
Reply Comments of the Center for Democracy amp Technology regarding the JointPetition for Rulemaking to Resolve Various Outstanding IssuesConcerning the Implementation of the Communications Assistance forLaw Enforcement Act before the Federal Communications CommissionApril 27 2004
Letter to the Honorable Don Young and the Honorable James Oberstar regardingthe Transportation Security Administrations Computer AssistedPassenger Pre screening System (CAPPS II) February 172004
Comments ofthe Center for Democracy amp Technology on the Notice of Status ofSystem Records Interim Final Notice 68 Fed Reg 45265-01 (Aug 12003) Docket No DHSTSA-2003-01 September 302003
Comments on TSA s proposed Aviation Security Screening Records System 68Fed Reg 2101 (Jan 152003) Feb 242003
Comments on the Petition of the Cellular Telecommunications IndustryAssociation for a Rulemaking to Establish Fair Location InformationPractices before the Federal Communications Commission April 62001
Comments of the Center for Democracy amp Technology on the Council of EuropeDraft Convention on Cyber-crime Draft No 25 before the Council ofEurope and the US Department of Justice February 6 2001
Reply Comments of the Center for Democracy amp Technology regarding theCommunications Assistance for Law Enforcement Act CC Docket No97-213 before the Federal Communications Commission January 271999
Comments of the Center for Democracy and Technology on the CommunicationsAssistance for Law Enforcement Act CC Docket No 97-213 before theFederal Communications Commission May 20 1998
20
Comments ofthe Center for Democracy and Technology regarding theCommunications Assistance for Law Enforcement Act Extension ofOctober 1998 Compliance Date CC Docket No 97-213 before theFederal Communications Commission April 2 1998
d Supply four (4) copies transcripts or recordings of all speeches or talks deliveredby you including commencement speeches remarks lectures panel discussionsconferences political speeches and question-and-answer sessions Include thedate and place where they were delivered and readily available press reportsabout the speech or talk If you do not have a copy of the speech or a transcript orrecording of your remarks give the name and address of the group before whomthe speech was given the date of the speech and a summary of its subject matterIf you did not speak from a prepared text furnish a copy of any outline or notesfrom which you spoke
The list below consists of speeches or talks identified from my recollection frommy files and from search ofInternet databases Despite my searches there maybe other speeches or talks I have been unable to identifY find or remember
February 8 or 9 1994 - spoke on a panel about criminal history records at theNational Conference on Criminal History Records Brady and Beyondorganized by the Bureau of Justice Statistics US Department of JusticeConstitution Ave NW Washington DC and SEARCH 7311 Greenhaven DriveSuite 145 Sacramento California 95831
August 3 1994 - spoke on a panel about gang databases at the InternationalSymposium Criminal Justice Information Systems and Technology Buildingthe Infrastructure organized by SEARCH 7311 Greenhaven Drive Suite 145Sacramento California 95831
October 7 1998 - Presentation on Protecting the Human Right to Freedom ofExpression on the Global Internet made at the conference on the Public Voice inthe Development of Internet Policy Ottawa Canada organized by the ElectronicPrivacy Information Center 1718 Connecticut Ave NW Suite 200 WashingtonDC 20009 httpthepublicvoiceorgeventsottawa98defaulthtml (PowerPointattached - hardcopy)
April 2001 - Global Internet Policy initiative Promoting the Development of theInternet through Legal and Policy Reform Almaty Kazakhstan sponsored by theOpen Society Institute IlIA Zhe1toksan St Office 9 Almaty 050000 Kazakhstan(PowerPoint attached - hardcopy)
June 2001 - presented on Content Controls Freedom of Expression and ISPLiability on the Internet and Internet Policy Overview The legal and
21
Regulatory Framework Enabling Development of the Internet at the AdvancedNetwork Workshop Stockholm Sweden sponsored by the Internet Society 1775Wiehle Avenue Suite 201 Reston VA (PowerPoints (2) submittedelectronically)
July 2001 - Internet and Democracy The Legal and Regulatory Frameworkpresentation at the National Foreign Affairs Training Center US Department ofState 2201 CSt NW Washington DC (PowerPoint submitted electronically)
July 2001 - spoke about Internet Policy Overview The Legal and RegulatoryFramework Enabling Development of the Internet as an Engine of EconomicGrowth at a telecommunications regulatory study tour training sessionsponsored by the US Telecommunications Training Institute 1150 ConnecticutAve NW Washington DC (PowerPoint submitted electronically)
April 2002 - spoke about Overview of Internet legislation The Legal andRegulatory Framework for Development of the Internet - Global Perspective inTashkent Uzbekistan organized by the Global Internet Policy Initiative-UZ 31Kamo1 Jalilov Street Tashkent and the United national Development ProgrammeOne United Nations Plaza New York NY 10017 (PowerPoint submittedelectronically)
June 18 2002 - Tutorial Legal and Regulatory Issues A Primer - ConsumerPrivacy Overview and Government Surveillance INET 02 sponsored by theInternet Society 1775 Wiehle Avenue Suite 201 Reston VA20190-5108 USA (PowerPoints (3) submitted electronically)
October 2002 - I am submitting electronically a PowerPoint dated October 2002on the subject Internet Policy Overview The Legal and Regulatory FrameworkEnabling Development ofthe Internet as an Engine of Economic Growth - basedon a review of my records I cannot determine whether I actually gave such apresentation in October 2002 let alone where
April 21 2003 - I am submitting electronically a PowerPoint dated April 212003 on the subject Privacy Overview - based on a review of my records Icannot determine whether I actually gave such a presentation in April 2003 letalone where
June 27 2003 - The Legal and Regulatory Framework Enabling Development ofthe Internet as an Engine of Economic Growth and DemocratizationUNITARIINTEL Seminar 2 United Nations Plaza New York City (PowerPointsubmitted electronically)
September 8 2003 - Protecting Privacy and Freedom of Communication in theFight against Cybercrime Southeast Europe Cybersecurity Conference in SofiaBulgaria sponsored by the United States Government Department of State 2201C Street NW Washington DC and the Government of Bulgariahttpwwwcybersecuritycooperationorg (PowerPoint submitted electronically)
22
March 72004 - spoke at a workshop in Washington DC entitled CivilLiberties The Patriot Act The Toll on Our Rights convened by the NationalCouncil of Jewish Womens Washington Institute in Washington DC 1707 LStreet NW Suite 950 Washington DC 20036-4206
March 10 2004 - spoke on CALEA and VoIP at a brown bag lunch meeting ofthe DC Bars Computer and Telecommunications Law Section 1101 K StreetNW Suite 200 Washington DC
May 11 2004 - spoke about CALEA at a VoIP conference in Reston VAorganized by Law Seminars International 800 Fifth Avenue Suite 101 SeattleWA 98104
May 18 2004 - participated in a panel discussion on Internet governance at theMicrosoft Government Leaders Forum One Microsoft Way Redmond WA inSeattle Washington
June 4 2004 - spoke about Human Rights and the War on Terrorism at the USForeign Policy Colloquium sponsored by the National Committee on UnitedStates- China Relations 71 West 23rd Street Suite 1901 New York NY 10010-4102 (PowerPoint attached - hardcopy)
June 18 2004 - spoke on a panel on Government Surveillance Civil Libertiesand the War on Terror at the National Convention of the American ConstitutionSociety 1333 H Street NW 11th Floor Washington DC
July 2004 - Internet and Democracy The Legal and Regulatory FrameworkEnabling Development of the Internet as an Engine of Economic Growth andDemocratization presentation at National Foreign Affairs Training Center USDepartment of State 2201 C 81 NW Washington DC (PowerPoints (2)submitted electronically)
September 16 2004 - spoke on cybersecurity issues at the Academy forEducational Development 1825 Connecticut Ave NW Washington DC 20009-5721 as part of the DOT-COMInterAction Speaker Series Cyber-SecurityIssues in International Development Environments (PowerPoint submittedelectronically and handwritten notes attached in hardcopy
September 30 2004 - moderated a panel on Government Industry and Securityat the Privacy and National Security Forum in Washington DC sponsored by theInternational Association of Privacy Professionals 75 Rochester Ave Suite 4Portsmouth NH 03801 USA
October 62004 - presentation on The Patriot Act Civil Liberties and the War onTerrorism at LocationOne 26 Greene Street New York New York 10013
23
October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
24
May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
27
May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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16
Economic Security Infrastructure Protection and Cybersecurity onImproving Pre-Screening of Aviation Passengers against Terrorist andOther Watch Lists June 29 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act May 24 2005
Testimony before the House Permanent Select Committee on Intelligence on thePATRIOT Act May 112005
Testimony before the Senate Committee on the Judiciary on the PATRIOT ActMay 102005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Oversight Hearing on Implementation of the USAPATRIOT Act Section 212 May 5 2005
Testimony before the House Judiciary Subcommittee on Crime Terrorism andHomeland Security on Implementation of the USA PATRIOT ActSections of the Act that Address Crime Terrorism and the Age ofTechnology April 21 2005
Testimony before the Senate Select Committee on Intelligence on USAPATRIOT Act April 19 2005
Testimony before the Senate Committee on the Judiciary on Securing ElectronicPersonal Data Striking a Balance Between Privacy and Commercial andGovernmental Use April 13 2005
Testimony before the Subcommittee on Telecommunications and the InternetHouse Committee on Energy and Commerce on Law Enforcement Accessto Communications Systems in a Digital Age Sept 8 2004
Testimony before the House Committee on Government Reform on Moving fromNeed to Know to Need to Share A Review ofthe 9-11 CommissionsRecommendations Aug 32004
Testimony before the Senate Committee on Commerce Science andTransportation on S 2281 The VOIP Regulatory Freedom Act of 2004June 16 2004
Testimony before the House Committee on the Judiciary Subcommittee onCommercial and Administrative Law on Privacy in the Hands of theGovernment The Privacy Officer for the Department of HomelandSecurity Feb 102004
Testimony before the Senate Committee on the Judiciary on America after 911Freedom Preserved or Freedom Lost Nov 182003
17
Testimony before the Subcommittee on Commercial and Administrative Law andthe Subcommittee on the Constitution of the House Judiciary Committeeon The Defense of Privacy Act and Privacy in the Hands of theGovernment July 22 2003
Testimony before the House Committee on the Judiciary Subcommittee on theConstitution on Anti-Terrorism Investigations and the Fourth AmendmentAfter September 11 Where and When Can the Government Go to PreventTerrorist Attacks May 202003
Testimony before the Subcommittee on Government Efficiency FinancialManagement and Intergovernmental Relations and the Subcommittee forTechnology and Procurement Policy of the House Committee onGovernment Reform on HR 3844 the Federal Information SecurityReform Act of 2002 May 2 2002
Testimony before the House Committee on the Judiciary Forum on NationalSecurity and the Constitution on the Nations Counter-Terrorism Programsand their Implications for Civil Liberties Jan 24 2002
Testimony before the House Committee on the Judiciary on Legislative Measuresto Improve Americas Counter-Terrorism Programs Sept 24 2001
Testimony before the House Subcommittee on the Constitution on privacylegislation Sept 6 2000
Testimony before the Senate Judiciary Committee on Carnivore Sept 62000
Testimony before the Senate Judiciary Committee on Internet Security andPrivacy May 25 2000
Testimony before the House Judiciary Subcommittee on the Constitution on TheFourth Amendment and the Internet April 6 2000
Testimony before the Subcommittee on Crime of the House Judiciary Committeeand the Subcommittee on Criminal Justice Oversight of the SenateJudiciary Committee on Internet Denial of Service Attacks and the FederalResponse Feb 29 2000
Testimony before the Commerce Committee on the Wireless PrivacyEnhancement Act of 1999 and the Wireless Communications and PublicSafety Enhancement Act of 1999 Feb 3 1999
Testimony before the House Committee on the Judiciary Subcommittee on Crimeon CALEA Implementation Oct 23 1997
18
Other CommunicationsComments of the Center for Democracy amp Technology regarding Cybersecurity
Innovation and the Internet Economy Docket No 100721305-0305-01before the US Department of Commerce September 202010
Comments of the Center for Democracy amp Technology regarding the Frameworkfor Broadband Internet Service GN Docket No 10-127 before theFederal Communications Commission July 152010
Comments of the Center for Democracy amp Technology regarding the Notice ofInquiry regarding the Assessment of the Transition of the TechnicalCoordination and Management of the Internets Domain Name andAddressing System before The National Telecommunications andInformation Administration within the US Department of CommerceJune 82009
Comments of the Center for Democracy amp Technology regarding TheContinued Transition of the Technical Coordination and Management ofthe Internets Domain Name and Addressing System Midterm Review ofthe Joint Project Agreement before The National Telecommunicationsand Information Administration within the US Department ofCommerce January 25 2008
Joint comments on the Petition for Expedited Rulemaking to Establish TechnicalRequirements and Standards Pursuant to Section 107 (b) of theCommunications Assistance for Law Enforcement Act before theFederal Communications Commission July 25 2007
Reply Comments by Industry and Public Interest Commenters in support of thePetition for Reconsideration and Clarification of the CALEAApplicability Order filed by the United States Telecom Association ETDocket No 04-295 before the Federal Communications CommissionJanuary 30 2006
Comments in support of the Petition for Reconsideration and Clarification of theCALEA Applicability Order ET Docket No 04-295 before the FederalCommunications Commission December 302005
Request for stay pending issuance of subsequent orders and for stay pendingjudicial review regarding the Communications Assistance for LawEnforcement Act and Broadband Access and Services ET Docket No 04-295 before the Federal Communications Commission November 232005
Joint Comments to the further notice of proposed rulemaking regarding the
19
Communications Assistance for Law Enforcement Act and BroadbandAccess and Services ET Docket No 04-295 before the FederalCommunications Commission November 142005
Bipartisan Working Group of Former Government Officials RecommendationsRegarding the Expiring Provisions ofthe Patriot Act July 172005
Letter to the Honorable John Sununu regarding Voice over Internet Protocol(VOIP) serves June 21 2004
Letter to Senator Akaka from the Center for Democracy amp Technology ACLUand the Electronic Privacy Information Center (EPIC) regarding datamining May 26 2004
Reply Comments of the Center for Democracy amp Technology regarding the JointPetition for Rulemaking to Resolve Various Outstanding IssuesConcerning the Implementation of the Communications Assistance forLaw Enforcement Act before the Federal Communications CommissionApril 27 2004
Letter to the Honorable Don Young and the Honorable James Oberstar regardingthe Transportation Security Administrations Computer AssistedPassenger Pre screening System (CAPPS II) February 172004
Comments ofthe Center for Democracy amp Technology on the Notice of Status ofSystem Records Interim Final Notice 68 Fed Reg 45265-01 (Aug 12003) Docket No DHSTSA-2003-01 September 302003
Comments on TSA s proposed Aviation Security Screening Records System 68Fed Reg 2101 (Jan 152003) Feb 242003
Comments on the Petition of the Cellular Telecommunications IndustryAssociation for a Rulemaking to Establish Fair Location InformationPractices before the Federal Communications Commission April 62001
Comments of the Center for Democracy amp Technology on the Council of EuropeDraft Convention on Cyber-crime Draft No 25 before the Council ofEurope and the US Department of Justice February 6 2001
Reply Comments of the Center for Democracy amp Technology regarding theCommunications Assistance for Law Enforcement Act CC Docket No97-213 before the Federal Communications Commission January 271999
Comments of the Center for Democracy and Technology on the CommunicationsAssistance for Law Enforcement Act CC Docket No 97-213 before theFederal Communications Commission May 20 1998
20
Comments ofthe Center for Democracy and Technology regarding theCommunications Assistance for Law Enforcement Act Extension ofOctober 1998 Compliance Date CC Docket No 97-213 before theFederal Communications Commission April 2 1998
d Supply four (4) copies transcripts or recordings of all speeches or talks deliveredby you including commencement speeches remarks lectures panel discussionsconferences political speeches and question-and-answer sessions Include thedate and place where they were delivered and readily available press reportsabout the speech or talk If you do not have a copy of the speech or a transcript orrecording of your remarks give the name and address of the group before whomthe speech was given the date of the speech and a summary of its subject matterIf you did not speak from a prepared text furnish a copy of any outline or notesfrom which you spoke
The list below consists of speeches or talks identified from my recollection frommy files and from search ofInternet databases Despite my searches there maybe other speeches or talks I have been unable to identifY find or remember
February 8 or 9 1994 - spoke on a panel about criminal history records at theNational Conference on Criminal History Records Brady and Beyondorganized by the Bureau of Justice Statistics US Department of JusticeConstitution Ave NW Washington DC and SEARCH 7311 Greenhaven DriveSuite 145 Sacramento California 95831
August 3 1994 - spoke on a panel about gang databases at the InternationalSymposium Criminal Justice Information Systems and Technology Buildingthe Infrastructure organized by SEARCH 7311 Greenhaven Drive Suite 145Sacramento California 95831
October 7 1998 - Presentation on Protecting the Human Right to Freedom ofExpression on the Global Internet made at the conference on the Public Voice inthe Development of Internet Policy Ottawa Canada organized by the ElectronicPrivacy Information Center 1718 Connecticut Ave NW Suite 200 WashingtonDC 20009 httpthepublicvoiceorgeventsottawa98defaulthtml (PowerPointattached - hardcopy)
April 2001 - Global Internet Policy initiative Promoting the Development of theInternet through Legal and Policy Reform Almaty Kazakhstan sponsored by theOpen Society Institute IlIA Zhe1toksan St Office 9 Almaty 050000 Kazakhstan(PowerPoint attached - hardcopy)
June 2001 - presented on Content Controls Freedom of Expression and ISPLiability on the Internet and Internet Policy Overview The legal and
21
Regulatory Framework Enabling Development of the Internet at the AdvancedNetwork Workshop Stockholm Sweden sponsored by the Internet Society 1775Wiehle Avenue Suite 201 Reston VA (PowerPoints (2) submittedelectronically)
July 2001 - Internet and Democracy The Legal and Regulatory Frameworkpresentation at the National Foreign Affairs Training Center US Department ofState 2201 CSt NW Washington DC (PowerPoint submitted electronically)
July 2001 - spoke about Internet Policy Overview The Legal and RegulatoryFramework Enabling Development of the Internet as an Engine of EconomicGrowth at a telecommunications regulatory study tour training sessionsponsored by the US Telecommunications Training Institute 1150 ConnecticutAve NW Washington DC (PowerPoint submitted electronically)
April 2002 - spoke about Overview of Internet legislation The Legal andRegulatory Framework for Development of the Internet - Global Perspective inTashkent Uzbekistan organized by the Global Internet Policy Initiative-UZ 31Kamo1 Jalilov Street Tashkent and the United national Development ProgrammeOne United Nations Plaza New York NY 10017 (PowerPoint submittedelectronically)
June 18 2002 - Tutorial Legal and Regulatory Issues A Primer - ConsumerPrivacy Overview and Government Surveillance INET 02 sponsored by theInternet Society 1775 Wiehle Avenue Suite 201 Reston VA20190-5108 USA (PowerPoints (3) submitted electronically)
October 2002 - I am submitting electronically a PowerPoint dated October 2002on the subject Internet Policy Overview The Legal and Regulatory FrameworkEnabling Development ofthe Internet as an Engine of Economic Growth - basedon a review of my records I cannot determine whether I actually gave such apresentation in October 2002 let alone where
April 21 2003 - I am submitting electronically a PowerPoint dated April 212003 on the subject Privacy Overview - based on a review of my records Icannot determine whether I actually gave such a presentation in April 2003 letalone where
June 27 2003 - The Legal and Regulatory Framework Enabling Development ofthe Internet as an Engine of Economic Growth and DemocratizationUNITARIINTEL Seminar 2 United Nations Plaza New York City (PowerPointsubmitted electronically)
September 8 2003 - Protecting Privacy and Freedom of Communication in theFight against Cybercrime Southeast Europe Cybersecurity Conference in SofiaBulgaria sponsored by the United States Government Department of State 2201C Street NW Washington DC and the Government of Bulgariahttpwwwcybersecuritycooperationorg (PowerPoint submitted electronically)
22
March 72004 - spoke at a workshop in Washington DC entitled CivilLiberties The Patriot Act The Toll on Our Rights convened by the NationalCouncil of Jewish Womens Washington Institute in Washington DC 1707 LStreet NW Suite 950 Washington DC 20036-4206
March 10 2004 - spoke on CALEA and VoIP at a brown bag lunch meeting ofthe DC Bars Computer and Telecommunications Law Section 1101 K StreetNW Suite 200 Washington DC
May 11 2004 - spoke about CALEA at a VoIP conference in Reston VAorganized by Law Seminars International 800 Fifth Avenue Suite 101 SeattleWA 98104
May 18 2004 - participated in a panel discussion on Internet governance at theMicrosoft Government Leaders Forum One Microsoft Way Redmond WA inSeattle Washington
June 4 2004 - spoke about Human Rights and the War on Terrorism at the USForeign Policy Colloquium sponsored by the National Committee on UnitedStates- China Relations 71 West 23rd Street Suite 1901 New York NY 10010-4102 (PowerPoint attached - hardcopy)
June 18 2004 - spoke on a panel on Government Surveillance Civil Libertiesand the War on Terror at the National Convention of the American ConstitutionSociety 1333 H Street NW 11th Floor Washington DC
July 2004 - Internet and Democracy The Legal and Regulatory FrameworkEnabling Development of the Internet as an Engine of Economic Growth andDemocratization presentation at National Foreign Affairs Training Center USDepartment of State 2201 C 81 NW Washington DC (PowerPoints (2)submitted electronically)
September 16 2004 - spoke on cybersecurity issues at the Academy forEducational Development 1825 Connecticut Ave NW Washington DC 20009-5721 as part of the DOT-COMInterAction Speaker Series Cyber-SecurityIssues in International Development Environments (PowerPoint submittedelectronically and handwritten notes attached in hardcopy
September 30 2004 - moderated a panel on Government Industry and Securityat the Privacy and National Security Forum in Washington DC sponsored by theInternational Association of Privacy Professionals 75 Rochester Ave Suite 4Portsmouth NH 03801 USA
October 62004 - presentation on The Patriot Act Civil Liberties and the War onTerrorism at LocationOne 26 Greene Street New York New York 10013
23
October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
24
May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
27
May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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17
Testimony before the Subcommittee on Commercial and Administrative Law andthe Subcommittee on the Constitution of the House Judiciary Committeeon The Defense of Privacy Act and Privacy in the Hands of theGovernment July 22 2003
Testimony before the House Committee on the Judiciary Subcommittee on theConstitution on Anti-Terrorism Investigations and the Fourth AmendmentAfter September 11 Where and When Can the Government Go to PreventTerrorist Attacks May 202003
Testimony before the Subcommittee on Government Efficiency FinancialManagement and Intergovernmental Relations and the Subcommittee forTechnology and Procurement Policy of the House Committee onGovernment Reform on HR 3844 the Federal Information SecurityReform Act of 2002 May 2 2002
Testimony before the House Committee on the Judiciary Forum on NationalSecurity and the Constitution on the Nations Counter-Terrorism Programsand their Implications for Civil Liberties Jan 24 2002
Testimony before the House Committee on the Judiciary on Legislative Measuresto Improve Americas Counter-Terrorism Programs Sept 24 2001
Testimony before the House Subcommittee on the Constitution on privacylegislation Sept 6 2000
Testimony before the Senate Judiciary Committee on Carnivore Sept 62000
Testimony before the Senate Judiciary Committee on Internet Security andPrivacy May 25 2000
Testimony before the House Judiciary Subcommittee on the Constitution on TheFourth Amendment and the Internet April 6 2000
Testimony before the Subcommittee on Crime of the House Judiciary Committeeand the Subcommittee on Criminal Justice Oversight of the SenateJudiciary Committee on Internet Denial of Service Attacks and the FederalResponse Feb 29 2000
Testimony before the Commerce Committee on the Wireless PrivacyEnhancement Act of 1999 and the Wireless Communications and PublicSafety Enhancement Act of 1999 Feb 3 1999
Testimony before the House Committee on the Judiciary Subcommittee on Crimeon CALEA Implementation Oct 23 1997
18
Other CommunicationsComments of the Center for Democracy amp Technology regarding Cybersecurity
Innovation and the Internet Economy Docket No 100721305-0305-01before the US Department of Commerce September 202010
Comments of the Center for Democracy amp Technology regarding the Frameworkfor Broadband Internet Service GN Docket No 10-127 before theFederal Communications Commission July 152010
Comments of the Center for Democracy amp Technology regarding the Notice ofInquiry regarding the Assessment of the Transition of the TechnicalCoordination and Management of the Internets Domain Name andAddressing System before The National Telecommunications andInformation Administration within the US Department of CommerceJune 82009
Comments of the Center for Democracy amp Technology regarding TheContinued Transition of the Technical Coordination and Management ofthe Internets Domain Name and Addressing System Midterm Review ofthe Joint Project Agreement before The National Telecommunicationsand Information Administration within the US Department ofCommerce January 25 2008
Joint comments on the Petition for Expedited Rulemaking to Establish TechnicalRequirements and Standards Pursuant to Section 107 (b) of theCommunications Assistance for Law Enforcement Act before theFederal Communications Commission July 25 2007
Reply Comments by Industry and Public Interest Commenters in support of thePetition for Reconsideration and Clarification of the CALEAApplicability Order filed by the United States Telecom Association ETDocket No 04-295 before the Federal Communications CommissionJanuary 30 2006
Comments in support of the Petition for Reconsideration and Clarification of theCALEA Applicability Order ET Docket No 04-295 before the FederalCommunications Commission December 302005
Request for stay pending issuance of subsequent orders and for stay pendingjudicial review regarding the Communications Assistance for LawEnforcement Act and Broadband Access and Services ET Docket No 04-295 before the Federal Communications Commission November 232005
Joint Comments to the further notice of proposed rulemaking regarding the
19
Communications Assistance for Law Enforcement Act and BroadbandAccess and Services ET Docket No 04-295 before the FederalCommunications Commission November 142005
Bipartisan Working Group of Former Government Officials RecommendationsRegarding the Expiring Provisions ofthe Patriot Act July 172005
Letter to the Honorable John Sununu regarding Voice over Internet Protocol(VOIP) serves June 21 2004
Letter to Senator Akaka from the Center for Democracy amp Technology ACLUand the Electronic Privacy Information Center (EPIC) regarding datamining May 26 2004
Reply Comments of the Center for Democracy amp Technology regarding the JointPetition for Rulemaking to Resolve Various Outstanding IssuesConcerning the Implementation of the Communications Assistance forLaw Enforcement Act before the Federal Communications CommissionApril 27 2004
Letter to the Honorable Don Young and the Honorable James Oberstar regardingthe Transportation Security Administrations Computer AssistedPassenger Pre screening System (CAPPS II) February 172004
Comments ofthe Center for Democracy amp Technology on the Notice of Status ofSystem Records Interim Final Notice 68 Fed Reg 45265-01 (Aug 12003) Docket No DHSTSA-2003-01 September 302003
Comments on TSA s proposed Aviation Security Screening Records System 68Fed Reg 2101 (Jan 152003) Feb 242003
Comments on the Petition of the Cellular Telecommunications IndustryAssociation for a Rulemaking to Establish Fair Location InformationPractices before the Federal Communications Commission April 62001
Comments of the Center for Democracy amp Technology on the Council of EuropeDraft Convention on Cyber-crime Draft No 25 before the Council ofEurope and the US Department of Justice February 6 2001
Reply Comments of the Center for Democracy amp Technology regarding theCommunications Assistance for Law Enforcement Act CC Docket No97-213 before the Federal Communications Commission January 271999
Comments of the Center for Democracy and Technology on the CommunicationsAssistance for Law Enforcement Act CC Docket No 97-213 before theFederal Communications Commission May 20 1998
20
Comments ofthe Center for Democracy and Technology regarding theCommunications Assistance for Law Enforcement Act Extension ofOctober 1998 Compliance Date CC Docket No 97-213 before theFederal Communications Commission April 2 1998
d Supply four (4) copies transcripts or recordings of all speeches or talks deliveredby you including commencement speeches remarks lectures panel discussionsconferences political speeches and question-and-answer sessions Include thedate and place where they were delivered and readily available press reportsabout the speech or talk If you do not have a copy of the speech or a transcript orrecording of your remarks give the name and address of the group before whomthe speech was given the date of the speech and a summary of its subject matterIf you did not speak from a prepared text furnish a copy of any outline or notesfrom which you spoke
The list below consists of speeches or talks identified from my recollection frommy files and from search ofInternet databases Despite my searches there maybe other speeches or talks I have been unable to identifY find or remember
February 8 or 9 1994 - spoke on a panel about criminal history records at theNational Conference on Criminal History Records Brady and Beyondorganized by the Bureau of Justice Statistics US Department of JusticeConstitution Ave NW Washington DC and SEARCH 7311 Greenhaven DriveSuite 145 Sacramento California 95831
August 3 1994 - spoke on a panel about gang databases at the InternationalSymposium Criminal Justice Information Systems and Technology Buildingthe Infrastructure organized by SEARCH 7311 Greenhaven Drive Suite 145Sacramento California 95831
October 7 1998 - Presentation on Protecting the Human Right to Freedom ofExpression on the Global Internet made at the conference on the Public Voice inthe Development of Internet Policy Ottawa Canada organized by the ElectronicPrivacy Information Center 1718 Connecticut Ave NW Suite 200 WashingtonDC 20009 httpthepublicvoiceorgeventsottawa98defaulthtml (PowerPointattached - hardcopy)
April 2001 - Global Internet Policy initiative Promoting the Development of theInternet through Legal and Policy Reform Almaty Kazakhstan sponsored by theOpen Society Institute IlIA Zhe1toksan St Office 9 Almaty 050000 Kazakhstan(PowerPoint attached - hardcopy)
June 2001 - presented on Content Controls Freedom of Expression and ISPLiability on the Internet and Internet Policy Overview The legal and
21
Regulatory Framework Enabling Development of the Internet at the AdvancedNetwork Workshop Stockholm Sweden sponsored by the Internet Society 1775Wiehle Avenue Suite 201 Reston VA (PowerPoints (2) submittedelectronically)
July 2001 - Internet and Democracy The Legal and Regulatory Frameworkpresentation at the National Foreign Affairs Training Center US Department ofState 2201 CSt NW Washington DC (PowerPoint submitted electronically)
July 2001 - spoke about Internet Policy Overview The Legal and RegulatoryFramework Enabling Development of the Internet as an Engine of EconomicGrowth at a telecommunications regulatory study tour training sessionsponsored by the US Telecommunications Training Institute 1150 ConnecticutAve NW Washington DC (PowerPoint submitted electronically)
April 2002 - spoke about Overview of Internet legislation The Legal andRegulatory Framework for Development of the Internet - Global Perspective inTashkent Uzbekistan organized by the Global Internet Policy Initiative-UZ 31Kamo1 Jalilov Street Tashkent and the United national Development ProgrammeOne United Nations Plaza New York NY 10017 (PowerPoint submittedelectronically)
June 18 2002 - Tutorial Legal and Regulatory Issues A Primer - ConsumerPrivacy Overview and Government Surveillance INET 02 sponsored by theInternet Society 1775 Wiehle Avenue Suite 201 Reston VA20190-5108 USA (PowerPoints (3) submitted electronically)
October 2002 - I am submitting electronically a PowerPoint dated October 2002on the subject Internet Policy Overview The Legal and Regulatory FrameworkEnabling Development ofthe Internet as an Engine of Economic Growth - basedon a review of my records I cannot determine whether I actually gave such apresentation in October 2002 let alone where
April 21 2003 - I am submitting electronically a PowerPoint dated April 212003 on the subject Privacy Overview - based on a review of my records Icannot determine whether I actually gave such a presentation in April 2003 letalone where
June 27 2003 - The Legal and Regulatory Framework Enabling Development ofthe Internet as an Engine of Economic Growth and DemocratizationUNITARIINTEL Seminar 2 United Nations Plaza New York City (PowerPointsubmitted electronically)
September 8 2003 - Protecting Privacy and Freedom of Communication in theFight against Cybercrime Southeast Europe Cybersecurity Conference in SofiaBulgaria sponsored by the United States Government Department of State 2201C Street NW Washington DC and the Government of Bulgariahttpwwwcybersecuritycooperationorg (PowerPoint submitted electronically)
22
March 72004 - spoke at a workshop in Washington DC entitled CivilLiberties The Patriot Act The Toll on Our Rights convened by the NationalCouncil of Jewish Womens Washington Institute in Washington DC 1707 LStreet NW Suite 950 Washington DC 20036-4206
March 10 2004 - spoke on CALEA and VoIP at a brown bag lunch meeting ofthe DC Bars Computer and Telecommunications Law Section 1101 K StreetNW Suite 200 Washington DC
May 11 2004 - spoke about CALEA at a VoIP conference in Reston VAorganized by Law Seminars International 800 Fifth Avenue Suite 101 SeattleWA 98104
May 18 2004 - participated in a panel discussion on Internet governance at theMicrosoft Government Leaders Forum One Microsoft Way Redmond WA inSeattle Washington
June 4 2004 - spoke about Human Rights and the War on Terrorism at the USForeign Policy Colloquium sponsored by the National Committee on UnitedStates- China Relations 71 West 23rd Street Suite 1901 New York NY 10010-4102 (PowerPoint attached - hardcopy)
June 18 2004 - spoke on a panel on Government Surveillance Civil Libertiesand the War on Terror at the National Convention of the American ConstitutionSociety 1333 H Street NW 11th Floor Washington DC
July 2004 - Internet and Democracy The Legal and Regulatory FrameworkEnabling Development of the Internet as an Engine of Economic Growth andDemocratization presentation at National Foreign Affairs Training Center USDepartment of State 2201 C 81 NW Washington DC (PowerPoints (2)submitted electronically)
September 16 2004 - spoke on cybersecurity issues at the Academy forEducational Development 1825 Connecticut Ave NW Washington DC 20009-5721 as part of the DOT-COMInterAction Speaker Series Cyber-SecurityIssues in International Development Environments (PowerPoint submittedelectronically and handwritten notes attached in hardcopy
September 30 2004 - moderated a panel on Government Industry and Securityat the Privacy and National Security Forum in Washington DC sponsored by theInternational Association of Privacy Professionals 75 Rochester Ave Suite 4Portsmouth NH 03801 USA
October 62004 - presentation on The Patriot Act Civil Liberties and the War onTerrorism at LocationOne 26 Greene Street New York New York 10013
23
October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
24
May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
27
May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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18
Other CommunicationsComments of the Center for Democracy amp Technology regarding Cybersecurity
Innovation and the Internet Economy Docket No 100721305-0305-01before the US Department of Commerce September 202010
Comments of the Center for Democracy amp Technology regarding the Frameworkfor Broadband Internet Service GN Docket No 10-127 before theFederal Communications Commission July 152010
Comments of the Center for Democracy amp Technology regarding the Notice ofInquiry regarding the Assessment of the Transition of the TechnicalCoordination and Management of the Internets Domain Name andAddressing System before The National Telecommunications andInformation Administration within the US Department of CommerceJune 82009
Comments of the Center for Democracy amp Technology regarding TheContinued Transition of the Technical Coordination and Management ofthe Internets Domain Name and Addressing System Midterm Review ofthe Joint Project Agreement before The National Telecommunicationsand Information Administration within the US Department ofCommerce January 25 2008
Joint comments on the Petition for Expedited Rulemaking to Establish TechnicalRequirements and Standards Pursuant to Section 107 (b) of theCommunications Assistance for Law Enforcement Act before theFederal Communications Commission July 25 2007
Reply Comments by Industry and Public Interest Commenters in support of thePetition for Reconsideration and Clarification of the CALEAApplicability Order filed by the United States Telecom Association ETDocket No 04-295 before the Federal Communications CommissionJanuary 30 2006
Comments in support of the Petition for Reconsideration and Clarification of theCALEA Applicability Order ET Docket No 04-295 before the FederalCommunications Commission December 302005
Request for stay pending issuance of subsequent orders and for stay pendingjudicial review regarding the Communications Assistance for LawEnforcement Act and Broadband Access and Services ET Docket No 04-295 before the Federal Communications Commission November 232005
Joint Comments to the further notice of proposed rulemaking regarding the
19
Communications Assistance for Law Enforcement Act and BroadbandAccess and Services ET Docket No 04-295 before the FederalCommunications Commission November 142005
Bipartisan Working Group of Former Government Officials RecommendationsRegarding the Expiring Provisions ofthe Patriot Act July 172005
Letter to the Honorable John Sununu regarding Voice over Internet Protocol(VOIP) serves June 21 2004
Letter to Senator Akaka from the Center for Democracy amp Technology ACLUand the Electronic Privacy Information Center (EPIC) regarding datamining May 26 2004
Reply Comments of the Center for Democracy amp Technology regarding the JointPetition for Rulemaking to Resolve Various Outstanding IssuesConcerning the Implementation of the Communications Assistance forLaw Enforcement Act before the Federal Communications CommissionApril 27 2004
Letter to the Honorable Don Young and the Honorable James Oberstar regardingthe Transportation Security Administrations Computer AssistedPassenger Pre screening System (CAPPS II) February 172004
Comments ofthe Center for Democracy amp Technology on the Notice of Status ofSystem Records Interim Final Notice 68 Fed Reg 45265-01 (Aug 12003) Docket No DHSTSA-2003-01 September 302003
Comments on TSA s proposed Aviation Security Screening Records System 68Fed Reg 2101 (Jan 152003) Feb 242003
Comments on the Petition of the Cellular Telecommunications IndustryAssociation for a Rulemaking to Establish Fair Location InformationPractices before the Federal Communications Commission April 62001
Comments of the Center for Democracy amp Technology on the Council of EuropeDraft Convention on Cyber-crime Draft No 25 before the Council ofEurope and the US Department of Justice February 6 2001
Reply Comments of the Center for Democracy amp Technology regarding theCommunications Assistance for Law Enforcement Act CC Docket No97-213 before the Federal Communications Commission January 271999
Comments of the Center for Democracy and Technology on the CommunicationsAssistance for Law Enforcement Act CC Docket No 97-213 before theFederal Communications Commission May 20 1998
20
Comments ofthe Center for Democracy and Technology regarding theCommunications Assistance for Law Enforcement Act Extension ofOctober 1998 Compliance Date CC Docket No 97-213 before theFederal Communications Commission April 2 1998
d Supply four (4) copies transcripts or recordings of all speeches or talks deliveredby you including commencement speeches remarks lectures panel discussionsconferences political speeches and question-and-answer sessions Include thedate and place where they were delivered and readily available press reportsabout the speech or talk If you do not have a copy of the speech or a transcript orrecording of your remarks give the name and address of the group before whomthe speech was given the date of the speech and a summary of its subject matterIf you did not speak from a prepared text furnish a copy of any outline or notesfrom which you spoke
The list below consists of speeches or talks identified from my recollection frommy files and from search ofInternet databases Despite my searches there maybe other speeches or talks I have been unable to identifY find or remember
February 8 or 9 1994 - spoke on a panel about criminal history records at theNational Conference on Criminal History Records Brady and Beyondorganized by the Bureau of Justice Statistics US Department of JusticeConstitution Ave NW Washington DC and SEARCH 7311 Greenhaven DriveSuite 145 Sacramento California 95831
August 3 1994 - spoke on a panel about gang databases at the InternationalSymposium Criminal Justice Information Systems and Technology Buildingthe Infrastructure organized by SEARCH 7311 Greenhaven Drive Suite 145Sacramento California 95831
October 7 1998 - Presentation on Protecting the Human Right to Freedom ofExpression on the Global Internet made at the conference on the Public Voice inthe Development of Internet Policy Ottawa Canada organized by the ElectronicPrivacy Information Center 1718 Connecticut Ave NW Suite 200 WashingtonDC 20009 httpthepublicvoiceorgeventsottawa98defaulthtml (PowerPointattached - hardcopy)
April 2001 - Global Internet Policy initiative Promoting the Development of theInternet through Legal and Policy Reform Almaty Kazakhstan sponsored by theOpen Society Institute IlIA Zhe1toksan St Office 9 Almaty 050000 Kazakhstan(PowerPoint attached - hardcopy)
June 2001 - presented on Content Controls Freedom of Expression and ISPLiability on the Internet and Internet Policy Overview The legal and
21
Regulatory Framework Enabling Development of the Internet at the AdvancedNetwork Workshop Stockholm Sweden sponsored by the Internet Society 1775Wiehle Avenue Suite 201 Reston VA (PowerPoints (2) submittedelectronically)
July 2001 - Internet and Democracy The Legal and Regulatory Frameworkpresentation at the National Foreign Affairs Training Center US Department ofState 2201 CSt NW Washington DC (PowerPoint submitted electronically)
July 2001 - spoke about Internet Policy Overview The Legal and RegulatoryFramework Enabling Development of the Internet as an Engine of EconomicGrowth at a telecommunications regulatory study tour training sessionsponsored by the US Telecommunications Training Institute 1150 ConnecticutAve NW Washington DC (PowerPoint submitted electronically)
April 2002 - spoke about Overview of Internet legislation The Legal andRegulatory Framework for Development of the Internet - Global Perspective inTashkent Uzbekistan organized by the Global Internet Policy Initiative-UZ 31Kamo1 Jalilov Street Tashkent and the United national Development ProgrammeOne United Nations Plaza New York NY 10017 (PowerPoint submittedelectronically)
June 18 2002 - Tutorial Legal and Regulatory Issues A Primer - ConsumerPrivacy Overview and Government Surveillance INET 02 sponsored by theInternet Society 1775 Wiehle Avenue Suite 201 Reston VA20190-5108 USA (PowerPoints (3) submitted electronically)
October 2002 - I am submitting electronically a PowerPoint dated October 2002on the subject Internet Policy Overview The Legal and Regulatory FrameworkEnabling Development ofthe Internet as an Engine of Economic Growth - basedon a review of my records I cannot determine whether I actually gave such apresentation in October 2002 let alone where
April 21 2003 - I am submitting electronically a PowerPoint dated April 212003 on the subject Privacy Overview - based on a review of my records Icannot determine whether I actually gave such a presentation in April 2003 letalone where
June 27 2003 - The Legal and Regulatory Framework Enabling Development ofthe Internet as an Engine of Economic Growth and DemocratizationUNITARIINTEL Seminar 2 United Nations Plaza New York City (PowerPointsubmitted electronically)
September 8 2003 - Protecting Privacy and Freedom of Communication in theFight against Cybercrime Southeast Europe Cybersecurity Conference in SofiaBulgaria sponsored by the United States Government Department of State 2201C Street NW Washington DC and the Government of Bulgariahttpwwwcybersecuritycooperationorg (PowerPoint submitted electronically)
22
March 72004 - spoke at a workshop in Washington DC entitled CivilLiberties The Patriot Act The Toll on Our Rights convened by the NationalCouncil of Jewish Womens Washington Institute in Washington DC 1707 LStreet NW Suite 950 Washington DC 20036-4206
March 10 2004 - spoke on CALEA and VoIP at a brown bag lunch meeting ofthe DC Bars Computer and Telecommunications Law Section 1101 K StreetNW Suite 200 Washington DC
May 11 2004 - spoke about CALEA at a VoIP conference in Reston VAorganized by Law Seminars International 800 Fifth Avenue Suite 101 SeattleWA 98104
May 18 2004 - participated in a panel discussion on Internet governance at theMicrosoft Government Leaders Forum One Microsoft Way Redmond WA inSeattle Washington
June 4 2004 - spoke about Human Rights and the War on Terrorism at the USForeign Policy Colloquium sponsored by the National Committee on UnitedStates- China Relations 71 West 23rd Street Suite 1901 New York NY 10010-4102 (PowerPoint attached - hardcopy)
June 18 2004 - spoke on a panel on Government Surveillance Civil Libertiesand the War on Terror at the National Convention of the American ConstitutionSociety 1333 H Street NW 11th Floor Washington DC
July 2004 - Internet and Democracy The Legal and Regulatory FrameworkEnabling Development of the Internet as an Engine of Economic Growth andDemocratization presentation at National Foreign Affairs Training Center USDepartment of State 2201 C 81 NW Washington DC (PowerPoints (2)submitted electronically)
September 16 2004 - spoke on cybersecurity issues at the Academy forEducational Development 1825 Connecticut Ave NW Washington DC 20009-5721 as part of the DOT-COMInterAction Speaker Series Cyber-SecurityIssues in International Development Environments (PowerPoint submittedelectronically and handwritten notes attached in hardcopy
September 30 2004 - moderated a panel on Government Industry and Securityat the Privacy and National Security Forum in Washington DC sponsored by theInternational Association of Privacy Professionals 75 Rochester Ave Suite 4Portsmouth NH 03801 USA
October 62004 - presentation on The Patriot Act Civil Liberties and the War onTerrorism at LocationOne 26 Greene Street New York New York 10013
23
October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
24
May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
27
May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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Communications Assistance for Law Enforcement Act and BroadbandAccess and Services ET Docket No 04-295 before the FederalCommunications Commission November 142005
Bipartisan Working Group of Former Government Officials RecommendationsRegarding the Expiring Provisions ofthe Patriot Act July 172005
Letter to the Honorable John Sununu regarding Voice over Internet Protocol(VOIP) serves June 21 2004
Letter to Senator Akaka from the Center for Democracy amp Technology ACLUand the Electronic Privacy Information Center (EPIC) regarding datamining May 26 2004
Reply Comments of the Center for Democracy amp Technology regarding the JointPetition for Rulemaking to Resolve Various Outstanding IssuesConcerning the Implementation of the Communications Assistance forLaw Enforcement Act before the Federal Communications CommissionApril 27 2004
Letter to the Honorable Don Young and the Honorable James Oberstar regardingthe Transportation Security Administrations Computer AssistedPassenger Pre screening System (CAPPS II) February 172004
Comments ofthe Center for Democracy amp Technology on the Notice of Status ofSystem Records Interim Final Notice 68 Fed Reg 45265-01 (Aug 12003) Docket No DHSTSA-2003-01 September 302003
Comments on TSA s proposed Aviation Security Screening Records System 68Fed Reg 2101 (Jan 152003) Feb 242003
Comments on the Petition of the Cellular Telecommunications IndustryAssociation for a Rulemaking to Establish Fair Location InformationPractices before the Federal Communications Commission April 62001
Comments of the Center for Democracy amp Technology on the Council of EuropeDraft Convention on Cyber-crime Draft No 25 before the Council ofEurope and the US Department of Justice February 6 2001
Reply Comments of the Center for Democracy amp Technology regarding theCommunications Assistance for Law Enforcement Act CC Docket No97-213 before the Federal Communications Commission January 271999
Comments of the Center for Democracy and Technology on the CommunicationsAssistance for Law Enforcement Act CC Docket No 97-213 before theFederal Communications Commission May 20 1998
20
Comments ofthe Center for Democracy and Technology regarding theCommunications Assistance for Law Enforcement Act Extension ofOctober 1998 Compliance Date CC Docket No 97-213 before theFederal Communications Commission April 2 1998
d Supply four (4) copies transcripts or recordings of all speeches or talks deliveredby you including commencement speeches remarks lectures panel discussionsconferences political speeches and question-and-answer sessions Include thedate and place where they were delivered and readily available press reportsabout the speech or talk If you do not have a copy of the speech or a transcript orrecording of your remarks give the name and address of the group before whomthe speech was given the date of the speech and a summary of its subject matterIf you did not speak from a prepared text furnish a copy of any outline or notesfrom which you spoke
The list below consists of speeches or talks identified from my recollection frommy files and from search ofInternet databases Despite my searches there maybe other speeches or talks I have been unable to identifY find or remember
February 8 or 9 1994 - spoke on a panel about criminal history records at theNational Conference on Criminal History Records Brady and Beyondorganized by the Bureau of Justice Statistics US Department of JusticeConstitution Ave NW Washington DC and SEARCH 7311 Greenhaven DriveSuite 145 Sacramento California 95831
August 3 1994 - spoke on a panel about gang databases at the InternationalSymposium Criminal Justice Information Systems and Technology Buildingthe Infrastructure organized by SEARCH 7311 Greenhaven Drive Suite 145Sacramento California 95831
October 7 1998 - Presentation on Protecting the Human Right to Freedom ofExpression on the Global Internet made at the conference on the Public Voice inthe Development of Internet Policy Ottawa Canada organized by the ElectronicPrivacy Information Center 1718 Connecticut Ave NW Suite 200 WashingtonDC 20009 httpthepublicvoiceorgeventsottawa98defaulthtml (PowerPointattached - hardcopy)
April 2001 - Global Internet Policy initiative Promoting the Development of theInternet through Legal and Policy Reform Almaty Kazakhstan sponsored by theOpen Society Institute IlIA Zhe1toksan St Office 9 Almaty 050000 Kazakhstan(PowerPoint attached - hardcopy)
June 2001 - presented on Content Controls Freedom of Expression and ISPLiability on the Internet and Internet Policy Overview The legal and
21
Regulatory Framework Enabling Development of the Internet at the AdvancedNetwork Workshop Stockholm Sweden sponsored by the Internet Society 1775Wiehle Avenue Suite 201 Reston VA (PowerPoints (2) submittedelectronically)
July 2001 - Internet and Democracy The Legal and Regulatory Frameworkpresentation at the National Foreign Affairs Training Center US Department ofState 2201 CSt NW Washington DC (PowerPoint submitted electronically)
July 2001 - spoke about Internet Policy Overview The Legal and RegulatoryFramework Enabling Development of the Internet as an Engine of EconomicGrowth at a telecommunications regulatory study tour training sessionsponsored by the US Telecommunications Training Institute 1150 ConnecticutAve NW Washington DC (PowerPoint submitted electronically)
April 2002 - spoke about Overview of Internet legislation The Legal andRegulatory Framework for Development of the Internet - Global Perspective inTashkent Uzbekistan organized by the Global Internet Policy Initiative-UZ 31Kamo1 Jalilov Street Tashkent and the United national Development ProgrammeOne United Nations Plaza New York NY 10017 (PowerPoint submittedelectronically)
June 18 2002 - Tutorial Legal and Regulatory Issues A Primer - ConsumerPrivacy Overview and Government Surveillance INET 02 sponsored by theInternet Society 1775 Wiehle Avenue Suite 201 Reston VA20190-5108 USA (PowerPoints (3) submitted electronically)
October 2002 - I am submitting electronically a PowerPoint dated October 2002on the subject Internet Policy Overview The Legal and Regulatory FrameworkEnabling Development ofthe Internet as an Engine of Economic Growth - basedon a review of my records I cannot determine whether I actually gave such apresentation in October 2002 let alone where
April 21 2003 - I am submitting electronically a PowerPoint dated April 212003 on the subject Privacy Overview - based on a review of my records Icannot determine whether I actually gave such a presentation in April 2003 letalone where
June 27 2003 - The Legal and Regulatory Framework Enabling Development ofthe Internet as an Engine of Economic Growth and DemocratizationUNITARIINTEL Seminar 2 United Nations Plaza New York City (PowerPointsubmitted electronically)
September 8 2003 - Protecting Privacy and Freedom of Communication in theFight against Cybercrime Southeast Europe Cybersecurity Conference in SofiaBulgaria sponsored by the United States Government Department of State 2201C Street NW Washington DC and the Government of Bulgariahttpwwwcybersecuritycooperationorg (PowerPoint submitted electronically)
22
March 72004 - spoke at a workshop in Washington DC entitled CivilLiberties The Patriot Act The Toll on Our Rights convened by the NationalCouncil of Jewish Womens Washington Institute in Washington DC 1707 LStreet NW Suite 950 Washington DC 20036-4206
March 10 2004 - spoke on CALEA and VoIP at a brown bag lunch meeting ofthe DC Bars Computer and Telecommunications Law Section 1101 K StreetNW Suite 200 Washington DC
May 11 2004 - spoke about CALEA at a VoIP conference in Reston VAorganized by Law Seminars International 800 Fifth Avenue Suite 101 SeattleWA 98104
May 18 2004 - participated in a panel discussion on Internet governance at theMicrosoft Government Leaders Forum One Microsoft Way Redmond WA inSeattle Washington
June 4 2004 - spoke about Human Rights and the War on Terrorism at the USForeign Policy Colloquium sponsored by the National Committee on UnitedStates- China Relations 71 West 23rd Street Suite 1901 New York NY 10010-4102 (PowerPoint attached - hardcopy)
June 18 2004 - spoke on a panel on Government Surveillance Civil Libertiesand the War on Terror at the National Convention of the American ConstitutionSociety 1333 H Street NW 11th Floor Washington DC
July 2004 - Internet and Democracy The Legal and Regulatory FrameworkEnabling Development of the Internet as an Engine of Economic Growth andDemocratization presentation at National Foreign Affairs Training Center USDepartment of State 2201 C 81 NW Washington DC (PowerPoints (2)submitted electronically)
September 16 2004 - spoke on cybersecurity issues at the Academy forEducational Development 1825 Connecticut Ave NW Washington DC 20009-5721 as part of the DOT-COMInterAction Speaker Series Cyber-SecurityIssues in International Development Environments (PowerPoint submittedelectronically and handwritten notes attached in hardcopy
September 30 2004 - moderated a panel on Government Industry and Securityat the Privacy and National Security Forum in Washington DC sponsored by theInternational Association of Privacy Professionals 75 Rochester Ave Suite 4Portsmouth NH 03801 USA
October 62004 - presentation on The Patriot Act Civil Liberties and the War onTerrorism at LocationOne 26 Greene Street New York New York 10013
23
October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
24
May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
27
May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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20
Comments ofthe Center for Democracy and Technology regarding theCommunications Assistance for Law Enforcement Act Extension ofOctober 1998 Compliance Date CC Docket No 97-213 before theFederal Communications Commission April 2 1998
d Supply four (4) copies transcripts or recordings of all speeches or talks deliveredby you including commencement speeches remarks lectures panel discussionsconferences political speeches and question-and-answer sessions Include thedate and place where they were delivered and readily available press reportsabout the speech or talk If you do not have a copy of the speech or a transcript orrecording of your remarks give the name and address of the group before whomthe speech was given the date of the speech and a summary of its subject matterIf you did not speak from a prepared text furnish a copy of any outline or notesfrom which you spoke
The list below consists of speeches or talks identified from my recollection frommy files and from search ofInternet databases Despite my searches there maybe other speeches or talks I have been unable to identifY find or remember
February 8 or 9 1994 - spoke on a panel about criminal history records at theNational Conference on Criminal History Records Brady and Beyondorganized by the Bureau of Justice Statistics US Department of JusticeConstitution Ave NW Washington DC and SEARCH 7311 Greenhaven DriveSuite 145 Sacramento California 95831
August 3 1994 - spoke on a panel about gang databases at the InternationalSymposium Criminal Justice Information Systems and Technology Buildingthe Infrastructure organized by SEARCH 7311 Greenhaven Drive Suite 145Sacramento California 95831
October 7 1998 - Presentation on Protecting the Human Right to Freedom ofExpression on the Global Internet made at the conference on the Public Voice inthe Development of Internet Policy Ottawa Canada organized by the ElectronicPrivacy Information Center 1718 Connecticut Ave NW Suite 200 WashingtonDC 20009 httpthepublicvoiceorgeventsottawa98defaulthtml (PowerPointattached - hardcopy)
April 2001 - Global Internet Policy initiative Promoting the Development of theInternet through Legal and Policy Reform Almaty Kazakhstan sponsored by theOpen Society Institute IlIA Zhe1toksan St Office 9 Almaty 050000 Kazakhstan(PowerPoint attached - hardcopy)
June 2001 - presented on Content Controls Freedom of Expression and ISPLiability on the Internet and Internet Policy Overview The legal and
21
Regulatory Framework Enabling Development of the Internet at the AdvancedNetwork Workshop Stockholm Sweden sponsored by the Internet Society 1775Wiehle Avenue Suite 201 Reston VA (PowerPoints (2) submittedelectronically)
July 2001 - Internet and Democracy The Legal and Regulatory Frameworkpresentation at the National Foreign Affairs Training Center US Department ofState 2201 CSt NW Washington DC (PowerPoint submitted electronically)
July 2001 - spoke about Internet Policy Overview The Legal and RegulatoryFramework Enabling Development of the Internet as an Engine of EconomicGrowth at a telecommunications regulatory study tour training sessionsponsored by the US Telecommunications Training Institute 1150 ConnecticutAve NW Washington DC (PowerPoint submitted electronically)
April 2002 - spoke about Overview of Internet legislation The Legal andRegulatory Framework for Development of the Internet - Global Perspective inTashkent Uzbekistan organized by the Global Internet Policy Initiative-UZ 31Kamo1 Jalilov Street Tashkent and the United national Development ProgrammeOne United Nations Plaza New York NY 10017 (PowerPoint submittedelectronically)
June 18 2002 - Tutorial Legal and Regulatory Issues A Primer - ConsumerPrivacy Overview and Government Surveillance INET 02 sponsored by theInternet Society 1775 Wiehle Avenue Suite 201 Reston VA20190-5108 USA (PowerPoints (3) submitted electronically)
October 2002 - I am submitting electronically a PowerPoint dated October 2002on the subject Internet Policy Overview The Legal and Regulatory FrameworkEnabling Development ofthe Internet as an Engine of Economic Growth - basedon a review of my records I cannot determine whether I actually gave such apresentation in October 2002 let alone where
April 21 2003 - I am submitting electronically a PowerPoint dated April 212003 on the subject Privacy Overview - based on a review of my records Icannot determine whether I actually gave such a presentation in April 2003 letalone where
June 27 2003 - The Legal and Regulatory Framework Enabling Development ofthe Internet as an Engine of Economic Growth and DemocratizationUNITARIINTEL Seminar 2 United Nations Plaza New York City (PowerPointsubmitted electronically)
September 8 2003 - Protecting Privacy and Freedom of Communication in theFight against Cybercrime Southeast Europe Cybersecurity Conference in SofiaBulgaria sponsored by the United States Government Department of State 2201C Street NW Washington DC and the Government of Bulgariahttpwwwcybersecuritycooperationorg (PowerPoint submitted electronically)
22
March 72004 - spoke at a workshop in Washington DC entitled CivilLiberties The Patriot Act The Toll on Our Rights convened by the NationalCouncil of Jewish Womens Washington Institute in Washington DC 1707 LStreet NW Suite 950 Washington DC 20036-4206
March 10 2004 - spoke on CALEA and VoIP at a brown bag lunch meeting ofthe DC Bars Computer and Telecommunications Law Section 1101 K StreetNW Suite 200 Washington DC
May 11 2004 - spoke about CALEA at a VoIP conference in Reston VAorganized by Law Seminars International 800 Fifth Avenue Suite 101 SeattleWA 98104
May 18 2004 - participated in a panel discussion on Internet governance at theMicrosoft Government Leaders Forum One Microsoft Way Redmond WA inSeattle Washington
June 4 2004 - spoke about Human Rights and the War on Terrorism at the USForeign Policy Colloquium sponsored by the National Committee on UnitedStates- China Relations 71 West 23rd Street Suite 1901 New York NY 10010-4102 (PowerPoint attached - hardcopy)
June 18 2004 - spoke on a panel on Government Surveillance Civil Libertiesand the War on Terror at the National Convention of the American ConstitutionSociety 1333 H Street NW 11th Floor Washington DC
July 2004 - Internet and Democracy The Legal and Regulatory FrameworkEnabling Development of the Internet as an Engine of Economic Growth andDemocratization presentation at National Foreign Affairs Training Center USDepartment of State 2201 C 81 NW Washington DC (PowerPoints (2)submitted electronically)
September 16 2004 - spoke on cybersecurity issues at the Academy forEducational Development 1825 Connecticut Ave NW Washington DC 20009-5721 as part of the DOT-COMInterAction Speaker Series Cyber-SecurityIssues in International Development Environments (PowerPoint submittedelectronically and handwritten notes attached in hardcopy
September 30 2004 - moderated a panel on Government Industry and Securityat the Privacy and National Security Forum in Washington DC sponsored by theInternational Association of Privacy Professionals 75 Rochester Ave Suite 4Portsmouth NH 03801 USA
October 62004 - presentation on The Patriot Act Civil Liberties and the War onTerrorism at LocationOne 26 Greene Street New York New York 10013
23
October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
24
May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
27
May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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21
Regulatory Framework Enabling Development of the Internet at the AdvancedNetwork Workshop Stockholm Sweden sponsored by the Internet Society 1775Wiehle Avenue Suite 201 Reston VA (PowerPoints (2) submittedelectronically)
July 2001 - Internet and Democracy The Legal and Regulatory Frameworkpresentation at the National Foreign Affairs Training Center US Department ofState 2201 CSt NW Washington DC (PowerPoint submitted electronically)
July 2001 - spoke about Internet Policy Overview The Legal and RegulatoryFramework Enabling Development of the Internet as an Engine of EconomicGrowth at a telecommunications regulatory study tour training sessionsponsored by the US Telecommunications Training Institute 1150 ConnecticutAve NW Washington DC (PowerPoint submitted electronically)
April 2002 - spoke about Overview of Internet legislation The Legal andRegulatory Framework for Development of the Internet - Global Perspective inTashkent Uzbekistan organized by the Global Internet Policy Initiative-UZ 31Kamo1 Jalilov Street Tashkent and the United national Development ProgrammeOne United Nations Plaza New York NY 10017 (PowerPoint submittedelectronically)
June 18 2002 - Tutorial Legal and Regulatory Issues A Primer - ConsumerPrivacy Overview and Government Surveillance INET 02 sponsored by theInternet Society 1775 Wiehle Avenue Suite 201 Reston VA20190-5108 USA (PowerPoints (3) submitted electronically)
October 2002 - I am submitting electronically a PowerPoint dated October 2002on the subject Internet Policy Overview The Legal and Regulatory FrameworkEnabling Development ofthe Internet as an Engine of Economic Growth - basedon a review of my records I cannot determine whether I actually gave such apresentation in October 2002 let alone where
April 21 2003 - I am submitting electronically a PowerPoint dated April 212003 on the subject Privacy Overview - based on a review of my records Icannot determine whether I actually gave such a presentation in April 2003 letalone where
June 27 2003 - The Legal and Regulatory Framework Enabling Development ofthe Internet as an Engine of Economic Growth and DemocratizationUNITARIINTEL Seminar 2 United Nations Plaza New York City (PowerPointsubmitted electronically)
September 8 2003 - Protecting Privacy and Freedom of Communication in theFight against Cybercrime Southeast Europe Cybersecurity Conference in SofiaBulgaria sponsored by the United States Government Department of State 2201C Street NW Washington DC and the Government of Bulgariahttpwwwcybersecuritycooperationorg (PowerPoint submitted electronically)
22
March 72004 - spoke at a workshop in Washington DC entitled CivilLiberties The Patriot Act The Toll on Our Rights convened by the NationalCouncil of Jewish Womens Washington Institute in Washington DC 1707 LStreet NW Suite 950 Washington DC 20036-4206
March 10 2004 - spoke on CALEA and VoIP at a brown bag lunch meeting ofthe DC Bars Computer and Telecommunications Law Section 1101 K StreetNW Suite 200 Washington DC
May 11 2004 - spoke about CALEA at a VoIP conference in Reston VAorganized by Law Seminars International 800 Fifth Avenue Suite 101 SeattleWA 98104
May 18 2004 - participated in a panel discussion on Internet governance at theMicrosoft Government Leaders Forum One Microsoft Way Redmond WA inSeattle Washington
June 4 2004 - spoke about Human Rights and the War on Terrorism at the USForeign Policy Colloquium sponsored by the National Committee on UnitedStates- China Relations 71 West 23rd Street Suite 1901 New York NY 10010-4102 (PowerPoint attached - hardcopy)
June 18 2004 - spoke on a panel on Government Surveillance Civil Libertiesand the War on Terror at the National Convention of the American ConstitutionSociety 1333 H Street NW 11th Floor Washington DC
July 2004 - Internet and Democracy The Legal and Regulatory FrameworkEnabling Development of the Internet as an Engine of Economic Growth andDemocratization presentation at National Foreign Affairs Training Center USDepartment of State 2201 C 81 NW Washington DC (PowerPoints (2)submitted electronically)
September 16 2004 - spoke on cybersecurity issues at the Academy forEducational Development 1825 Connecticut Ave NW Washington DC 20009-5721 as part of the DOT-COMInterAction Speaker Series Cyber-SecurityIssues in International Development Environments (PowerPoint submittedelectronically and handwritten notes attached in hardcopy
September 30 2004 - moderated a panel on Government Industry and Securityat the Privacy and National Security Forum in Washington DC sponsored by theInternational Association of Privacy Professionals 75 Rochester Ave Suite 4Portsmouth NH 03801 USA
October 62004 - presentation on The Patriot Act Civil Liberties and the War onTerrorism at LocationOne 26 Greene Street New York New York 10013
23
October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
24
May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
27
May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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22
March 72004 - spoke at a workshop in Washington DC entitled CivilLiberties The Patriot Act The Toll on Our Rights convened by the NationalCouncil of Jewish Womens Washington Institute in Washington DC 1707 LStreet NW Suite 950 Washington DC 20036-4206
March 10 2004 - spoke on CALEA and VoIP at a brown bag lunch meeting ofthe DC Bars Computer and Telecommunications Law Section 1101 K StreetNW Suite 200 Washington DC
May 11 2004 - spoke about CALEA at a VoIP conference in Reston VAorganized by Law Seminars International 800 Fifth Avenue Suite 101 SeattleWA 98104
May 18 2004 - participated in a panel discussion on Internet governance at theMicrosoft Government Leaders Forum One Microsoft Way Redmond WA inSeattle Washington
June 4 2004 - spoke about Human Rights and the War on Terrorism at the USForeign Policy Colloquium sponsored by the National Committee on UnitedStates- China Relations 71 West 23rd Street Suite 1901 New York NY 10010-4102 (PowerPoint attached - hardcopy)
June 18 2004 - spoke on a panel on Government Surveillance Civil Libertiesand the War on Terror at the National Convention of the American ConstitutionSociety 1333 H Street NW 11th Floor Washington DC
July 2004 - Internet and Democracy The Legal and Regulatory FrameworkEnabling Development of the Internet as an Engine of Economic Growth andDemocratization presentation at National Foreign Affairs Training Center USDepartment of State 2201 C 81 NW Washington DC (PowerPoints (2)submitted electronically)
September 16 2004 - spoke on cybersecurity issues at the Academy forEducational Development 1825 Connecticut Ave NW Washington DC 20009-5721 as part of the DOT-COMInterAction Speaker Series Cyber-SecurityIssues in International Development Environments (PowerPoint submittedelectronically and handwritten notes attached in hardcopy
September 30 2004 - moderated a panel on Government Industry and Securityat the Privacy and National Security Forum in Washington DC sponsored by theInternational Association of Privacy Professionals 75 Rochester Ave Suite 4Portsmouth NH 03801 USA
October 62004 - presentation on The Patriot Act Civil Liberties and the War onTerrorism at LocationOne 26 Greene Street New York New York 10013
23
October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
24
May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
27
May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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23
October 10 2004 ~ spoke on a panel about CALEA at TELECOM04 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 16 2004 - spoke about spam at CPSRs annual conference Making theGrade A Report Card on US Policy for the Information Society at GeorgetownUniversity in Washington DC httpcpsrorgactieventsannconflannconf04Computer Professionals for Social Responsibility PO Box 20046Stanford CA 94309-0046
October 26 2004 - spoke on a panel about privacy and identity at the Digital IDWorld Conference in Denver (I dont know for sure but as far as I can tell theDigital ID World Conference series is now run by a company called CXO whichis part ofIDG 492 Old Connecticut Path PO Box 9208 Framingham MA01701)
November 9 2004 - participated in a panel discussion on Implementing theExecutive Order on the Sharing of Terrorism Information at the Potomac Institutefor Policy Studies 901 N Stuart Street Suite 200 Arlington VA 22203
December 13-172004 - spoke on Information Security - Building Trust inCyberspace and Internet Policy at iLaw Eurasia Tallinn Estonia organized byCDT and the Berkman Center Harvard Law School Cambridge MA incoordination with the eGovernance Academy Foundation T5nismagi 210122 Tallinn Estonia (PowerPoints (2) submitted electronically)
January 11 2005 - spoke about privacy and cyber security at Roadmap toGovernment and Private Sector Cyber Security a workshop for legal and cybersecurity professionals US Department of Commerce Auditorium 1401Constitution Ave NW Washington DC
April 4 2005- spoke on a panel about privacy and datamining at the 5th AnnualKnowledge Management (KM) Conference and Exhibition sponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale Ave Suite 101Chatsworth CA 91311
May 4 2005 - participated in a panel discussion at the Center for AmericanProgress 1333 H Street NW 10th Floor Washington DC 20005 on No Place toHide Where the Data Revolution Meets Homeland Security video available athttpwwwamericanprogressorgevents200551b593 305ct782541html
May 4 2005 - spoke at the IP-Based Communications Policy Summit inWashington DC sponsored by pulvercom contact info at httppulvercomljeff
May 172005 - spoke at the Markle Foundation Task Force Conference onBuilding a Trusted Information Sharing Environment 10 Rockefeller Plaza 16thFloor New York NY 10020-1903
24
May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
27
May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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24
May 25 2005 - participated in a PATRIOT Act Debate at the National PressClub 529 14th Street Northwest Washington DC DC 20045
June 12005 - spoke at the Web-Enabled Government Conference WashingtonDC on the topic How the Government Uses Private Sector Informationsponsored by the E-Gov Institute now part of 1105 Media 9201 Oakdale AveSuite 101 Chatsworth CA 91311
June 7 2005 - spoke about The USA PATRIOT Act Past Present Future onan EDUCAUSE Live Webcast sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 (PowerPoint submitted electronically)
September 8 2005 - spoke on a panel at workshop on government use ofcommercial data Department of Homeland Security 301 7th St SWWashington DC 20006
September 12-13 - moderated a conference on Building Local E-Governmentthrough Public-Private Partnerships sponsored by the USAID-funded RomanianInformation Technology Initiative Project (RITI dot-Gov) in partnership with theRomanian Ministry of Communications and Information Technology BucharestRomania USAID Ronald Reagan Building Washington DC 20523-0016
September 212005 - spoke on a panel on privacy at Identity 2005 Identity RiskManagement Conference sponsored by ID Analytics in San Diego CA 15253Avenue of Science San Diego CA 92128
October 192005 - spoke on Cybercrime legal developments at the HispanicNational Bar Association 1900 L Street NW Suite 700 Washington DC 20036
October 25 2005 - spoke on a panel on CALEA and VoIP at Telecom 05 in LasVegas sponsored by the US Telecom Assn 607 14th Street NW Suite 400Washington DC 20005
October 262005 - spoke at a seminar on spyware at SiegeWorks 11501 DublinBlvd Suite 101 Dublin CA 945 sponsored by Computer Associates 895Emerson Street Palo Alto CA (PowerPoint attached in hardcopy)
October 272005 - spoke at a seminar on spyware at Computer Associates inRancho Cordova Calif sponsored by Computer Associates 895 Emerson StreetPalo Alto CA(PowerPoint attached in hardcopy - same as Oct 26 2007)
November 292005 - participated in a panel discussion on Public InterestAdvocacy in Law and Digital Technology at Boalt Hall UC Berkeley 406 CoryHI Berkeley CA 94720-0001
January 27 2006 - spoke on a panel at a conference on Privacy in the InformationAge Databases Digital Dossiers and Surveillance sponsored by the Computer
25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
27
May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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25
and High Tech Law Journal of Santa Clara Univ Law School 500 EI CaminoReal Santa Clara California 95053
February 2 2006 - gave presentations on Information Security - Building Trustin Cyberspace ICTs and Development and E-Government PrinciplesTheory and Practice at a conference on e-government in Bishkek KyrgyzRepublic sponsored by the Civil Initiative on Internet Policy 40 Mira Ave Suite5 Bishkek 720044 Kyrgyz Republic (2 PowerPoints submitted electronically 1attached in hardcopy)
February 22 2006 - spoke at a forum on NSA Surveillance Moving Forwardat the Center for Strategic and International Studies 1800 K St NW WashingtonDC 20006
March 16 2006 - spoke about the NSA domestic wiretap program at theUniversity of San Francisco Law School 2130 Fulton St San FranciscoCalifornia
March 22 2006 - spoke on The Legal Framework for Creating Trust inCyberspace Security and Privacy at a seminar in Skopje Macedonia organizedby the USAID e-Gov Project in cooperation with the Macedonian Directorate forSecurity of Classified Information and the Directorate for Personal DataProtection (PowerPoint submitted electronically)
May 172006 - spoke on a panel on The Internet Censorship and PoliticalFreedom in Contemporary China at the Asia Society 500 Washington StreetSuite 350 San Francisco CA
June 7 2006 - spoke on identity authentication at a meeting of the DHS DataPrivacy and Integrity Advisory Committee in San Francisco CA The nationalheadquarters for DHS is located at 301 7th St SW Washington DC 20006 Atranscript of the session at which I spoke is available athttpwww dhsgovxlibraryassetsprivacyprivacy advcom 06-2006 mtgminutes PM pdf
June 17 2006 - spoke at a Practicing Law Institute 810 Seventh Avenue 21 stFloor New York NY 10019 seminar on privacy law in Chicago
June 24 2006 - spoke as panel member at the American Library Associationannual convention in New Orleans on federal legislative and policy issuesaffecting libraries American Library Association 1301 Pennsylvania AvenueNW Washington DC
September 202006 - spoke on a panel in San Francisco on net neutralitysponsored by the Federal Communications Bar 1020 19th St NW 325Washington DC
26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
27
May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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26
September 27 2006 - spoke at a conference Defining the Acceptable BalanceA Reasoned Approach to Data Retention in Washington DC sponsored byITAA 601 Pennsylvania Avenue NW North Building Suite 600 WashingtonDC 20004
September 30 2006 - spoke about privacy on a panel at the University ofCalifornia Berkeley Law School 406 Cory HI Berkeley CA 94720-0001
October 232006 - participated in a forum on The Age of Surveillance at TheInternational Spy Museum 800 F Street Northwest Washington DC sponsoredby the Open Society Foundations 400 West 59th Street New York NY 10019Audio available at httpwwwsorosorginitiativesusprogramsfocussecurityeventssurveillance _20061023
October 31 November 22006 - spoke on panels at two workshops and on oneplenary panel at the Internet Governance Forum Athens Greece sponsored by theUnited Nations Secretariat of the Internet Governance Forum (IGF) Palais desNations CH-1211 Geneva 10 Switzerland (PowerPoint submitted electronically)
December 5 2006 - spoke on a panel at a public forum of the Presidents Privacyamp Civil Liberties Oversight Board Eisenhower Executive Office Building TheWhite House Washington DC
February 6 2007 - spoke on one or more panels at the RSA Conference in SanFrancisco sponsored by RSA 174 Middlesex Turnpike Bedford MA 01730 andmanaged by Nth Degree 2675 Breckinridge Boulevard Suite 200 Duluth GA30096
February 22 2007 - Spoke on the topic Digital Search and Seizure at Google1600 Amphitheatre Parkway Mountain View CA 94043 A video of mypresentation is available at httpwWwyoutubecomwatchv=pplwMDzd2 0
February 27 2007 - spoke on panel on the Future of the Internet at the TechPolicy Summit in San Jose California organized by Sagescape LLC 4251 NBrown Ave Scottsdale AZ 85251
April 11 2007 - spoke on a panel at the California identity theft summitProtecting Privacy Online sponsored by the California Department ofConsumer Affairs the California Office of Privacy Protection the CaliforniaState and Consumer Services Agency and the California District AttorneysAssociation (PowerPoint submitted electronically)
April 25 2007 - spoke on a panel about privacy at the seminar WirelessLocation Meets Social Networking A Policy amp Practices Dialogue inWashington DC sponsored by the Congressional Internet Caucus AdvisoryCommittee 1634 I Street NW Washington DC 20006 A video ofthe event isavailable at httpwwwnetcaucusorgevents200710cationvideoshtml
27
May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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27
May 17 2007 - keynote address on privacy the Internet and innovation at theEDUCAUSE Policy Conference in Arlington VA EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio of my remarks is available athttpwwweducauseedUbloggbavne2007PolicvConference WhyHi gherEI166961
June 25 2007 - spoke on a panel Privacy and Anonymity held in SanFrancisco at the American Bar Associations National Institute on Computing andthe Law sponsored by the American Bar Association Criminal Justice SectionSection of Science and Technology Law and the Center for Continuing LegalEducation 321 N Clark Street Chicago IL (PowerPoint submittedelectronically)
July 16 2007 - presentation on major trends in privacy and security law at aseminar in Chicago sponsored by the Practicing Law Institute 810 SeventhAvenue 21st Floor New York NY 10019 (PowerPoint submitted in hardcopy)
August 122007 - participated in a panel discussion Privacy versus SecurityFinding a Balance at the American Bar Association conference in SanFrancisco ABA 321 N Clark Street Chicago IL
September 242007 - spoke on a panel at the public meeting of the ANSI-BBBID Theft Prevention and ID Management Standards Panel in Washington DCorganized by the American National Standards Institute 25 West 43rd StreetFourth Floor New York NY 10036
October 31 2007 - presentation on RFID at public workshop of the CaliforniaResearch Bureau California State Library Sacramento CA (PowerPoint attachedin hardcopy)
October 23-24 2007 - moderated a session on privacy advocacy and participatedin a panel on ID theft at the conference in San Francisco of the InternationalAssociation of Privacy Professionals 75 Rochester Ave Suite 4 Portsmouth NH03801
November 12 2007 - spoke on a panel on Internet governance at the InternetGovernance Forum in Rio de Janeiro Brazil organized by the United NationsSecretariat of the Internet Governance Forum (IGF) Palais des Nations CH-12llGeneva 10 Switzerland (PowerPoint attached in hardcopy)
April 4 2008 - participated on panels on national data breach legislation privacyand warrantless wiretapping at the RSA conference in San Francisco sponsoredby RSA 174 Middlesex Turnpike Bedford MA 01730 and managed by NthDegree 2675 Breckinridge Boulevard Suite 200 Duluth GA 30096 (handwrittennotes attached in hardcopy)
28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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28
May 2008 - participated in a webinar on privacy advocacy sponsored by thePracticing Law Institute 810 Seventh Avenue 21st Floor New York NY 10019(PowerPoint attached in hardcopy)
June 112008 - spoke to the DHS Data Privacy and Integrity Advisory Committeeon the subject of privacy and the counter-terrorism Information SharingEnvironment The national headquarters for DHS is located at 301 7th St SWWashington DC 20006 A transcript of the session at which I spoke is availableat httpwwwdhsgovxlibraryassetsprivacyprivacy dpiac june112008afternoon _minutespdf
June 22 2008 - spoke at the PLI seminar on privacy and security law in SanFrancisco sponsored by the Practicing Law Institute 810 Seventh Avenue 21stFloor New York NY 10019 (handout attached in hardcopy)
July 2008 - spoke at the PLI seminar on privacy and security law in Chicagosponsored by the Practicing Law Institute 810 Seventh Avenue 21st Floor NewYork NY 10019 (PowerPoint and handout attached in hardcopy)
September 8 2008 - spoke on a panel on privacy held at Microsoft 1065 LaAvenida Building 1 - Silicon Valley Campus Mountain View CA 94043 andorganized by the Churchill Club 3150 Almaden Expressway Suite 214 San JoseCA 95118
September 19-20 2008 - spoke on three panels on privacy issues at the Harvardprivacy symposium Cambridge MA Symposium contact is listed as PaulTunnecliff 3291 West Wilson Rd Pahrump NV 89048 Seehttpwwwprivacysummersymposiumcom
September 222008 - spoke on Privacys Future at an event organized by theCenter for Internet and Society Stanford Law School Crown Quadrangle 559Nathan Abbott Way Stanford CA 94305-8610 (PowerPoint submittedelectronically)
November 122008 - spoke about Privacys Future at Boalt Law School DCBerkeley 406 Cory HI Berkeley CA 94720-0001 (PowerPoint submittedelectronically)
December 8 2008 - spoke at the IP and the Internet Conference in Santa MonicaCA sponsored by the State Bar of California 180 Howard Street San FranciscoCA 94105 (PowerPoint submitted electronically handwritten notes submitted inhardcopy)
December 10 2008 - spoke at the IP and the Internet Conference in SanFrancisco CA sponsored by the State Bar of California 180 Howard Street SanFrancisco CA 94105 (same PowerPoint and handwritten notes as Dee 10)
29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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29
December 112008 - spoke about Privacys Future at the TRUSTeIAPPKnowledge Net in Palo Alto CA organized by TRUSTe 55 2nd Street 2ndFloor San Francisco CA 94105 and the International Association of PrivacyProfessionals 75 Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPointsubmitted electronically notes submitted in hardcopy)
January 14 2009 - spoke about privacy and cloud computing at the State of theNet conference in Washington DC organized by the Internet Caucus AdvisoryCommitteeICAC 1634 I StreetNW Washington DC 20006 Audio available athttpwww netcaucusorgl conference20091 agendashtml
January 28 2009 - spoke at a Privacy Day event at the San Francisco PublicLibrary organized by Microsoft Corporation One Microsoft Way RedmondWA 98052-6399
March 31 2009 - participated in a Knowledge Congress webinar on nationalsecurity access to communications and business records organized by theKnowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310
April 20 2009 - spoke about privacy at the Executive Security Action Forum inSan Francisco sponsored by RSA The Security Division ofEMC 174 MiddlesexTurnpike Bedford MA 01730
April 22 2009 - spoke about privacy and security legislation at the RSAConference in San Francisco sponsored by RSA The Security Division ofEMC174 Middlesex Turnpike Bedford MA 01730
April 23 2009 - spoke about privacy and data governance at the AOTA OnlineTrust Town Hall Meeting in San Francisco Online Trust Alliance (OTA) POBox 803 Bellevue WA 98009-0803
April 29 2009 - participated in a Knowledge Congress webinar on NationalSecurity Investigations - Disclosure Requests and Customer Data organized bythe Knowledge Group LLC 123 Town Square Place Suite 242 Jersey City NJ07310 (PowerPoint submitted electronically)
May 132009 - spoke about privacy at the Tech Policy Summit in San MateoCA organized by Sagescape LLC 4251 N Brown Ave Scottsdale AZ 85251
May 142009 - spoke about User Conduct and User Safety at the LegalFrontiers in Digital Media conference at Stanford organized by the Media LawResource Center and the Stanford Law School Center for Internet amp Society
June 2 2009 - spoke at PLIs Privacy and Data Security Law Institute in SanFrancisco Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019 (powerPoint submitted electronically)
30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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30
June 32009 - spoke at the CDT-TRUSTe Tech Policy Series event on cloudcomputing Center for Democracy and Technology 1634 I Street NWWashington DC 20006 TRUSTe 55 2nd Street 2nd Floor San Francisco CA94105
July 21 2009 - spoke at PLIs Privacy and Data Security Law Institute inChicago Practicing Law Institute 810 Seventh Avenue 21st Floor New YorkNY 10019
August 2009 - presented a Privacy Overview at the Privacy Academysponsored by the National Governors Association Hall of the States 444 NCapitol St Ste 267 Washington DC 20001-1512 (PowerPoint submittedelectronically)
October 22 2009 - participated in a panel Just How Private The New Front inData Privacy at the BSA 2009 High-Tech General Counsel Forum in SanFrancisco CA Business Software Alliance 1150 18th Street NW Suite 700Washington DC 20036
October 23 2009 - participated in a panel at a conference on social networking atUC Berkeley law school 406 Cory HI Berkeley CA 94720-0001
December 4 2009 - spoke at a conference on Reforming Internet Privacy Lawsponsored by Silicon Flatirons a Center for Law Technology andEntrepreneurship at the University of Colorado Law School 401 UCB Wolf LawBuilding Boulder CO 80309 A brief summary of the event is available athttl2llwwwsilicon-flatironsorgnewsphpid=782 (PowerPoint submittedelectronically)
December 72009 - spoke about Privacys Future at an IAPP KnowledgeNetevent sponsored by the International Association of Privacy Professionals 75Rochester Ave Suite 4 Portsmouth NH 03801 (PowerPoint submittedelectronically)
January 20 2010 - spoke about the global implications of cybersecurity on a panelat the Global Cybersecurity Policy Conference in Washington DC organized byHowe School of Technology Management Stevens Institute of TechnologyCastle Point on Hudson Hoboken NJ 07030
January 272010 - spoke on a panel about cloud computing and privacy at theState of the Net conference in Washington DC organized by the Internet CaucusAdvisory Committee 1634 I Street NW Suite 1100 Washington DC 20006
March 192010 - addressed privacy issues posed by the smart grid at a workshopof the California Public Utilities Commission 505 Van Ness Avenue SanFrancisco CA 94102 (PowerPoint submitted electronically)
31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
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31
March 23 2010 - participated in a webinar on Proposed Changes to theElectronic Communications Privacy Act sponsored by the American BarAssociation N Clark Street Chicago IL (PowerPoint submitted electronically)
April 30 2010 Spoke about Smart Privacy Addressing Privacy Concerns in theCalifornia Smart Grid at an even sponsored by the California Foundation on theEnvironment and the Economy Pier 35 Suite 202 San Francisco CA 94133(PowerPoint submitted electronically)
May 25 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in San Francisco CAPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
June 9 2010 - described the Electronic Communications Privacy Act andproposals for reform in webinar sponsored by EDUCAUSE 1150 18th StreetNW Suite 900 Washington DC 20036 An audio recording is available athttpwww educause eduResourcesGovernmentAccesstoElectronicCo206152(PowerPoint submitted electronically)
July 20 2010 - spoke about the legal standards for government access to personalinformation at the PLI Privacy and Security Law Institute in Chicago ILPracticing Law Institute 810 Seventh Avenue 21 st Floor New York NY 10019(PowerPoint submitted electronically)
July 30 2010 - spoke about standards for government access to communicationsat the Burton Group Catalyst Conference in San Diego Burton Group 7090Union Park Center Suite 200 Midvale UT 84047-6051 (PowerPoint submittedelectronically)
August 242010 - participated in a panel on privacy and government surveillancesponsored by the American Constitution Society San Francisco AmericanConstitution Society 1333 H St NW 11th Floor Washington DC 20005
September 152010 - spoke to a law school class about Standards forGovernment Access to Communications Data Golden Gate Law School MissionStreet San Francisco CA (PowerPoint submitted electronically)
November 102010 - spoke about the Electronic Communications Privacy Act ata luncheon meeting of the Association of Corporate Counsel in Palo AltoAssociation of Corporate Counsel 1025 Connecticut Avenue NW Suite 200Washington DC 20036 (PowerPoint submitted electronically)
January 7 2011 - participated in a panel discussion at an event on the NationalStrategy for Trusted Identities in Cyberspace in Palo Alto CA sponsored by theChurchill Club 3150 Almaden Expy 214 San Jose CA 95118-1253 andStanford University 450 Serra Mall Stanford CA 94305 A raw transcript of theevent is available at httPsdocsgooglecomViewid=dfxgcdfc 307dj3hkvdz
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
I 0 ~WeS X [)e~ S Lthat the information provi d i thisof my knowledge true and accurate
do swearstatement is to the best
3S((DATE)
~~ ~oU (~(NOTARY)
S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
(Sal)
bull ~ bull
32
January 182011- spoke on a panel about cloud computing at the 2011 State ofthe Net Conference sponsored by the Internet Caucus Advisory Committee 1634I Street NW Washington DC 20006 Video of the panel is available athttpwwwyoutubecomwatchv=HbDbOadEV7w
January 252011 - participated in a panel discussion on privacy and cybersecurityat Washington Meets Silicon Valley The Outlook for the Technology Industryin the New Congress in Menlo Park CA sponsored by Patton Boggs LLP 2550M Street NW Washington DC 20037 and the Information Technology IndustryCouncil (ITI) 1101 K St NW Suite 610 Washington DC 20005
January 26 2011 - spoke on a panel on location privacy in San Franciscosponsored by the Churchill Club 3150 Almaden Expy 214 San Jose CA95118-1253
February 162011- spoke about Government Access to Communications andOther Data - Updating the Rules at the RSA Conference sponsored by RSA174 Middlesex Turnpike Bedford MA 01730 and managed by Nth Degree 2675Breckinridge Boulevard Suite 200 Duluth GA 30096 (PowerPoint withhandwritten notes attached in hardcopy)
e List all interviews you have given to newspapers magazines or otherpublications or radio or television stations providing the dates of theseinterviews and four (4) copies of the clips or transcripts of these interviews wherethey are available to you
The list below consists of interviews identified from my recollection from myfiles and from search of Internet databases Despite these searches there may beother interviews I have been unable to identify find or remember
Facebook Less Private in US Courtrooms CALGARYSUNJan 29 2011
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
I 0 ~WeS X [)e~ S Lthat the information provi d i thisof my knowledge true and accurate
do swearstatement is to the best
3S((DATE)
~~ ~oU (~(NOTARY)
S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
(Sal)
bull ~ bull
33
2011
Commerce Secretary Brings Business-Friendly Message to Silicon Valley SANJOSEMERCURYNews Jan 72011
Warrantless Cell Phone Search and Data Privacy KQED RADIOJan 5 2011Available at httpwwwkqedorgalforumR2011 01051000
Federal Court In Ohio Upholds e-mail Privacy THEASSOCIATEDPRESSDec152010
Anti- Terrorism Flaw Not Fixed CHICAGOTRIBUNEOct 4 2010
FBI May Win Right to Tap Online Communications THEGAZETTESept 282010
Feds Want to Broaden Internet Wiretap Power TECHWEB Sept 272010
Obama Seeks Easier Net Wiretaps THESTREETSept 272010
US Tries to Make it Easier to Wiretap Internet THENEWYORKTIMESSept 27 2010
Civil Libertarians Wish CDT-Led Coalition Would Go Further on ChangingECPA COMMUNICATIONSDAILYAug 26 2010
Court Upholds Search of Police Officers Texts USA TODAYJune 182010
Supreme Court Rejects Sweeping Decision in Texting COMMUNICATIONSDAILYJune 182010
Silicon Valley Readies for Privacy Battle SANJOSEMERCURYNEWSJune 142010
Its Not Just Drug Dealers Who Buy Prepaid Phones THENEWYORKTIMESMay 30 2010
Google Microsoft Push to Overhaul Online Privacy Law SANJOSEMERCURYNEWSMar 312010
Advocacy Groups Companies Call for an Update of the Privacy Framework forLaw Enforcement Access to Digital Information CENTERFORDEMOCRACYANDTECHNOLOGYPRESSRELEASEMar 30 2010
CDT Urges Supreme Court to Preserve Workplace Privacy TARGETEDNEWS
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
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do swearstatement is to the best
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S~~laCountyof~~(ltgt)-Lo
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lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
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bull ~ bull
34
SERVICEMar 24 2010
Machines Slowly Mastering Art of Recognizing Faces NATIONALPUBLICRADIOJan 22 2010 Available athttpwwwnprorgtemplatesstorystoryphpstoryld= 12285 7725
Slimmed-Down ICANN Pact with US Sets up Review Teams Draws PraiseWASHINGTONINTERNETDAILYOct 1 2009
Govt Review No Privacy Problems in Cyber Security THEASSOCIATEDPRESSSept 182009
Cloud Computing Pay-As- You-Go data Storage Software is Cheap but is itSafe ST LOUISPOST-DISPATCHAug 2 2009
Analysts Turn To Software for Spotting Terrorists NATIONALPUBLICRADIOJuly 142009
A Tech Fix for Illegal Government Snooping NATIONALPUBLICRAmoJuly 132009
Security Breach on Fighter Project AUSTRALIANBROADCASTINGCORPORATIONApril 22 2009
Despite Open vow Obama Keeps Some Bush Secrets White House SupportsDecisions to Withhold Information About Vast FBI Data WarehouseTHESTAR-LEDGER April 20 2009
DOD State HHS Fall Short on Civil Liberties Protections FEDERALTIMESFeb 2 2009
My Space Starts Trying to Line Up Rape Centers to Help Change ECPAWASHINGTONINTERNETDAILYJan 302009
CDT Office Fundraising expansion Starts in Bay Area WASHINGTONINTERNETDAILYAug 192008
Uncle Sam Is Still Watching You NEWSWEEKJuly 21 2008
White House Plans Proactive Cyber-Security Role for Spy AgenciesWASHINGTONPOSTMay 22008
UPI NewsTrack TopNews UPI April 2 2008
Lovette Will Not Face the Death Penalty THENEWSamp OBSERVERMar 152008
Law May Allow Police to Search Smartphones Without Warrant WASHINGTON
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
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do swearstatement is to the best
3S((DATE)
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S~~laCountyof~~(ltgt)-Lo
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lt2 the basis of satisfactory evidence to be theperson~who appeared before me
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bull ~ bull
35
INTERNETDAILYFeb 192008
System Lets Agencies in Area Share Data THE WASHINGTONPOSTNov 292007
Democrats Draft A New Take on Domestic Spying THESTAR-LEDGEROct 72007
A High-Tech Manhunt Partner COPLINK Data-Sharing Program SpeedsCrime-Solving EASTVALLEYTRIBUNESept 10 2007
US Keeping Computer Travel Screening Under Wraps THESTAR-LEDGERSept 102007
DHS Ends Criticized Data-Mining Program ASSOCIATEDPRESSONLINESept 6 2007
Listen Up Someones Listening In THETIMESUNIONSept 52007
US Expands Domestic Spying Program at Borders CNNCOMAug 152007
New Office to Usher Domestic Use of Spy Satellites NATIONALPUBLICRADIOAug 152007
Revised Proposal for Air-Travel Screening Addresses Privacy Concerns THEWASHINGTONPOSTAug 102007
EU To Pass Passenger Information to US THESUNDAYINDEPENDENTAug 52007
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
I 0 ~WeS X [)e~ S Lthat the information provi d i thisof my knowledge true and accurate
do swearstatement is to the best
3S((DATE)
~~ ~oU (~(NOTARY)
S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
(Sal)
bull ~ bull
36
PRESS Mar 302007
Capitol Hill WASHINGTONINTERNETDAILY April 192007
Wal-Marts Snooping Case Expose A Hot Area Corporate IntelligenceASSOCIATEDPRESS WORLDSTREAMMar 162007
CDT Releases 2007 Legislative Recommendations Urges Congress to ProtectCivil Liberties and Open Internet STATESNEWS SERVICEFeb 222007
Tech Lobby Offers Direction On Net Neutrality COMM WEB Jan 23 2007
Data Retention Raises Cost Concerns AFXCOM Jan 22 2007
EU Agrees to Ease US Access to Data on Passengers TEACHNEWS Oct 72006
Users too eager to give Data Give up Privacy Expert Says WASHINGTONINTERNETDAILY Sept 28 2006
Boeing Wins $67 Million Contract for Virtual Fence on Border THEASSOCIATEDPRESS STATEamp LOCAL WIRE Sept 22 2006
Files Hint Pretexting May Be Common Among Firms THE BOSTON GLOBESept 202009
Five Years After Hidden Depths to US Monitoring Los ANGELES TIMESSept 11 2006
House Warrantless Searches Bill draws Administration Fire NATIONALJOURNALS CONGRESsDAILY Sept 72006
Editorial Administration Back to Rule of Law on terror ProsecutionsWATERLOOCOURIER Sept 7 2006
Study US terrorism Prosecutions Fall Back to Pre-Sept 11 LevelsASSOCIATEDPRESS WORLDSTREAM Sept 4 2006
Airplane Bombing Plot Spurs Targeting Technology GOVERNMENTCOMPUTERNEWS Aug 212006
Ashcroft Finds Private-Sector Niche TECHNEWS Aug 122006
To Be or Not to Tell WASHINGTONTECHNOLOGYJuly 24 2006
College Campuses Latest Battleground in Online Privacy Debates THEASSOCIATEDPRESS STATEANDLOCAL WIRE July 15 2006
37
Government Increasingly Turning to Data Mining THEWASHINGTONPOSTJune 152006
Markle task Force on National Security in the Information Age Releases ThirdReport BUSINESSWIRE July 13 2006
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
I 0 ~WeS X [)e~ S Lthat the information provi d i thisof my knowledge true and accurate
do swearstatement is to the best
3S((DATE)
~~ ~oU (~(NOTARY)
S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
(Sal)
bull ~ bull
37
Government Increasingly Turning to Data Mining THEWASHINGTONPOSTJune 152006
Markle task Force on National Security in the Information Age Releases ThirdReport BUSINESSWIRE July 13 2006
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
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do swearstatement is to the best
3S((DATE)
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lt2 the basis of satisfactory evidence to be theperson~who appeared before me
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bull ~ bull
38
Surveillance Issues Creep in With Fall RCR WIRELESS NEWS Sept 52005
US Government Seeks Snooping Authority on Internet in Airplanes AGENCEFRANCEPRESSE July 13 2005
Mistake and Identity it is Easier than Ever for Companies to Access Benefitfrom and Compromise Personal Data ADVERTISINGAGE POINT June 12005
Bill Would Let FBI Track Mail ORLANDO SENTINEL May 292005
Behind Closed Doors SAN FRANCISCO CHRONICLE May 24 2005
Safety Stops Draw Doubts DC Police Gather Nonviolators Data THEWASHINGTONPOST May 2 2005
Cingular Security Problem Revealed THE ADVOCATE Mar 22005
Polish Daily Traces Server Used for Terrorist Threats against Poland BulgariaBBC SUMMARYOF WORLD BROADCASTS July 23 2004
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
I 0 ~WeS X [)e~ S Lthat the information provi d i thisof my knowledge true and accurate
do swearstatement is to the best
3S((DATE)
~~ ~oU (~(NOTARY)
S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
(Sal)
bull ~ bull
39
National Computer Database to Track Possible Terrorists is Raising QuestionsAbout Privacy CBS News Transcripts Sept 30 2003
Security House Lawmakers Seek to Curtail Anti-Terrorism Law NATIONALJOURNALSTECHNOLOGYDAILYSept 24 2003
Ashcroft to Release Data on FBI Patriot Act THEWASHINGTONTIMESSept 182003
Attempts to Broaden the Governments Subpoena Powers in TerrorInvestigations NATIONALPUBLICRAmo Sept 112003
Senate Votes to End Terrorism Information Awareness Project INFORMATIONMANAGEMENTJOURNALSept-Oct 2003
Critics wary of New Traveler Profile System Los ANGELESTIMESAug 262003
Privacy Groups Criticize New Airline Security Database STATESNEWSSERVICEAug 252003
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
I 0 ~WeS X [)e~ S Lthat the information provi d i thisof my knowledge true and accurate
do swearstatement is to the best
3S((DATE)
~~ ~oU (~(NOTARY)
S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
(Sal)
bull ~ bull
40
Program NATIONAL PUBLIC RAmo May 20 2003
Wireless Bill Passes NEWSDAY May 9 2003
CDT TSA Makes CAPPS Privacy Accommodations but More is NeededWASHINGTONINTERNETDAILY MAR 24 2003
UNPATRIOTIC ACT INTELLIGENCERJOURNAL Mar 20 2003
Ashcroft line on AI-Arian Doesnt Fly ST PETERSBURGTIMES Mar 2 2003
Total Information Awareness Continues to Face Intense Scrutiny andOpposition NATIONAL PUBLIC RAmo Feb 132003
US May Seek Wider Anti-Terror Powers THE WASHINGTONPOST Feb 82003
Think tanks Wrap-Up UNITED PRESS INTERNATIONALJan 232003
News Conference with Senator Russell Feingold Senator Ron Wyden andSenator Jon Corzine FEDERALNEWS SERVICE Jan 162003
Maryland Teen Accused of Killing His Friend With Cyanide He Purchased onthe Internet CBS NEWS Jan 10 2003
Intelligence Official Will Lead TSA Profiling Effort NEWSBYTES Dec 242002
Judiciary Panel Adds Surveillance Oversight NEWSBYTES Dec 23 2002
Even Children who Visit the White House Get Vetted SCRIPPS HOWARD NEWSSERVICE Dec 16 2002
Matter of Due Process Gives Jose Padilla an Open Trial NEWS-JOURNAL Dec152002
Homeland Law Evokes Fears of Big Brother SAN FRANCISCO CHRONICLENov 28 2002
Poindexters Latest Brainchild Holds Many Dark Angles THE ASHEVILLECITIZEN-TIMES Nov 23 2002
Electronic Snoops Will Make Us a Society of Open Books ST PETERSBURGTIMES Nov 172002
Washington Watch CIa MAGAZINE Nov 152002
Six Weeks in Autumn THE WASHINGTONPOST Oct 27 2002
41
Cybersecurity Draft Plan Soft on Business Observers Say NEWSBYTESSept 19 2002
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
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do swearstatement is to the best
3S((DATE)
~~ ~oU (~(NOTARY)
S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
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bull ~ bull
41
Cybersecurity Draft Plan Soft on Business Observers Say NEWSBYTESSept 19 2002
Congress Questions Patriot Act Policies NATIONAL CATHOLICREpORTERSept 6 2002
IRS Probing Purchases Records of 40 Companies DAILY NEWS Aug 302002
Bush Abusing Power Secret Court Ruling Revealed ABC NEWSTRANSCRIPTSAug 23 2002
Senate Includes FOIA in Homeland Security Bill WASHINGTONINTERNETDAILYJuly 25 2002
And The Walls Came Tumbling Down Sharing Grand Jury Information withThe Intelligence Community Under The USA Patriot Act AMERICANCRIMINALLAWREVIEWJune 22 2002
Critics New FBI Rules Allow Data Snooping UNITEDPRESSINTERNATIONALMay 30 2002
Privacy Fans Foes ofBiometric Identifier Cards Square Off NATIONALJOURNALSTECHNOLOGYDAILYMarch 152002
Comm Daily Notebook COMMUNICATIONSDAILY Jan 252002
Security Role of States Increasing NCSL Hears WASHINGTONINTERNETDAILYDec 7 2001
Cyber Security Ridge Emphasizes Unified Front on Homeland SecurityNATIONAL JOURNALSTECHNOLOGYDAILY Dec 6 2001
Ridges Troubled Waters The Labyrinth of Homeland Security THE AMERICANPROSPECTDec 3 2001
Surveillance Law Urges ID Cards Biometrics For Immigrants NEWSBYTESNov 12001
Justice Tells Prosecutors How to Make Use of New Anti-Terror LawsASSOCIATEDPRESSOct 30 2001
Response to Terror Ashcroft Deals with Daunting Responsibilities Response
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
I 0 ~WeS X [)e~ S Lthat the information provi d i thisof my knowledge true and accurate
do swearstatement is to the best
3S((DATE)
~~ ~oU (~(NOTARY)
S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
(Sal)
bull ~ bull
42
The Attorney Generals Job Has Been Reshaped By the Sept 11 AttacksAides Say He Has Applied a Sharp Focus on fighting Terrorism LoSANGELESTIMESOct 282001
Pentagon Makes rush Order For Anti-Terror Technology THEWASHINGTONPOSTOct 262001
Expanded Surveillance Laws Set To Move Next Week NEWSBYTESOct 5 2001
Surveillance and Privacy NATIONALPUBLICRADIOOct 52001 Available athttpwwwnprorgtemplatesstorystoryphpstoryId=1130834
Cable Seeks Changes Before House Panel Moves Wiretap BillCOMMUNICATIONSDAILYOct 3 2001
Privacy Anti-Terrorism Bill Stirs Debate Among Industry ObserversNATIONALJOURNALSTECHNOLOGYDAILYOct 2 2001
Civil Libertarians Seek To Weaken Anti-Terrorism Bill NEWSBYTESSept 242001
Confusion And Urgency Over Justice Dept Bill Concern CoalitionWASHINGTONINTERNETDAILYSept 212001
Anti-Terror Push Stirs Fears For Liberties Rights groups Unite To SeekSafeguards THEWASHINGTONPOSTSept 18 2001
A Public Feud by Privacy Advocates THENATIONALJOURNALSept 12001
Digital Footprints Help Washington DC Police in Missing Intern Case SANJOSEMERCURYNEWSJuly 192001
Internet Mire Familiar Turf For Ashcroft PETERSBURGTIMES(FLORIDA)Jan 82001
Drier Opposes ISP Liability At Home And Abroad WASHINGTONINTERNETDAILYJan 5 2001
Does Carnivore Go Too Far Privacy-Invading Black Box or Necessary LawEnforcement Tool Both Sides Have Their Say NETWORKWORLDOct302000
Review Urged For FBI Plan For E-Mail THEWASHINGTONTIMESSept 72000
Lawmakers Try To Limit Meth Information on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIRESept 42000
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
I 0 ~WeS X [)e~ S Lthat the information provi d i thisof my knowledge true and accurate
do swearstatement is to the best
3S((DATE)
~~ ~oU (~(NOTARY)
S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
(Sal)
bull ~ bull
43
Appeals Court Limits Cell Phone Tracking Decision Also Sets Stage ForRestriction of Carnivore THE SANDIEGO UNION-TRIBUNEAug 16 2000
The Cost of Political Speech SLATEMAGAZINEMay 31 2000
Judges Authorize More Wiretaps THEASSOCIATEDPRESS May 4 2000
Digital Storm Brews at FBI Information Technology Expansion RaisesPrivacy Concerns THEWASHINGTONPOST April 6 2000
Provo Utah Firm Offers Computer Program to Aid in Password Recall THESALT LAKETRIBUNEMar 4 2000
Internet Security Proposals C-SPAN Feb 152000 Available athttpwwwc- spanvideoorgprogramSecurityProp
Customers Want to Know Whos Calling AUSTIN AMERICAN-STATESMANAug 24 1999
Callers are Hooked on Phone Features DESERETNEWS(SALTLAKE CITY)Aug 24 1999
US Seeks New Powers For Police To Search PCS CHICAGOTRIBUNEAug 201999
White House Plans elaborate System to Protect Computers THEASSOCIATEDPRESSJuly 28 1999
Across The Nation THE SEATTLETIMESJuly 28 1999
Online DecencyCold Fusion NATIONAL PUBLIC RAmo April 9 2009Available athttpWVvwnprorgtemplatesstorystoryphpstoryId=1 048 I 10
Vacco Announces Breakup of Child Porno Ring on Internet THEASSOCIATEDPRESSSTATEamp LOCALWIREOct 29 1998
US Seeks To Tap Cell Phone Calls CHICAGO SUN-TIMESOct 22 1998
FBI Police May Tap Cell Phones ASSOCIATEDPRESSONLINEOct 21 1998
High Tech Is King of The Hill Rash of Legislative Wins Has IndustryCelebrating THE WASHINGTONPOSTOct 16 1998
FBI Seeks Access to Mobile Phone Locations THENEW YORK TIMESJuly 171998
The Policy Not Tool is Bad COMPUTERWORLDApril 27 1998
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
I 0 ~WeS X [)e~ S Lthat the information provi d i thisof my knowledge true and accurate
do swearstatement is to the best
3S((DATE)
~~ ~oU (~(NOTARY)
S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
(Sal)
bull ~ bull
44
FBI and Phone Companies NAITONALPUBLICRADIOMar 1 1998
Debate Continues As To Whether Congress Should Be Able To Regulate Kindsof Information Available on The Internet NBC NEWSTRANSCRIPTSMay 17 1997
Heat Grows on McDermott Over Leak I followed Rules Says Lawmaker InGingrich SEATILE POST-INTELLIGENCERJan 14 1997
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
I 0 ~WeS X [)e~ S Lthat the information provi d i thisof my knowledge true and accurate
do swearstatement is to the best
3S((DATE)
~~ ~oU (~(NOTARY)
S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
(Sal)
bull ~ bull
45
Support for Death Penalty Growing Across US TIMES-PICAYUNENov 131994
Re-election Chief for Bush in Texas to Testify about FBI THEDALLASMORNINGNEWSMAR91993
Police Misconduct Hard to Punish ST LOUISPosT-DISPATCHApril 19 1993
Administration has Weak Record in Brutality Cases Courts Limit USProsecutions ST LOUISPOSTDISPATCHMay 3 1992
13 Public Office Political Activities and Affiliations
a List chronologically any public offices you have held other than judicial officesincluding the terms of service and whether such positions were elected orappointed If appointed please include the name of the individual who appointedyou Also state chronologically any unsuccessful candidacies you have had forelective office or unsuccessful nominations for appointed office
I have not held any public office My employment with government entities islisted above as is membership on or participation in governmental advisoryboards or groups I have not been a candidate for elective office In 2008President George W Bush nominated me to be a member of the Privacy and CivilLiberties Oversight Board The Senate took no action on any of President Bushsnominations to the PCLOB
b List all memberships and offices held in and services rendered whethercompensated or not to any political party or election committee If you have everheld a position or played a role in a political campaign identify the particulars ofthe campaign including the candidate dates of the campaign your title andresponsibilities
I have not held any office in any political party or election committee nor have Iever held a position in a political campaign In the late 1980s or early 1990s Iparticipated to a small degree in a volunteer body drafting issue memos for aDemocratic presidential candidate it may have been for Michael Dukakis but Icannot remember for sure In 2004 I spent several hours doing tum-out-the-votework in Philadelphia on behalf of the Democratic Party
14 Legal Career Answer each part separately
a Describe chronologically your law practice and legal experience after graduationfrom law school including
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
I 0 ~WeS X [)e~ S Lthat the information provi d i thisof my knowledge true and accurate
do swearstatement is to the best
3S((DATE)
~~ ~oU (~(NOTARY)
S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
(Sal)
bull ~ bull
46
1 whether you served as clerk to a judge and if so the name of the judgethe court and the dates of the period you were a clerk
Massachusetts Supreme Judicial Court (1979 - 1980)Law clerk to the Hon Robert BraucherBoston MA
ii whether you practiced alone and if so the addresses and dates
I have never practiced alone
111 the dates names and addresses of law firms or offices companies orgovernmental agencies with which you have been affiliated and the natureof your affiliation with each
Center for Democracy and Technology (1997 - present)Current positions Vice President for Public Policy Corporate Secretary1634 I Street NW1100Washington DC 20006
Previous positions Policy Director (2005-2007) Executive Director (2003 -2005) Deputy Director (2001 - 2002) Senior Staff Counsel (1997 - 2000)
Center for National Security Studies (1995 -1997)Deputy Director1120 19th Street NW8th FloorWashington DC 20036
National Security Archive (1995 -1997)Special CounselGelman LibrarySuite 7012130 H Street NWWashington DC 20037
Subcommittee on Civil and Constitutional Rights (1985 -1995)Assistant CounselCommittee on the JudiciaryUS House of Representatives2138 Rayburn House Office BuildingWashington DC 200515
Arnold amp Porter (1980 -1984)Associate Attorney555 12th Street NW
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
I 0 ~WeS X [)e~ S Lthat the information provi d i thisof my knowledge true and accurate
do swearstatement is to the best
3S((DATE)
~~ ~oU (~(NOTARY)
S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
(Sal)
bull ~ bull
47
Washington DC 20004
IV whether you served as a mediator or arbitrator in alternative disputeresolution proceedings and if so a description of the 10 most significantmatters with which you were involved in that capacity
I have never served as a mediator or arbitrator in alternative disputeresolution proceedings
b Describe
NA
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
I 0 ~WeS X [)e~ S Lthat the information provi d i thisof my knowledge true and accurate
do swearstatement is to the best
3S((DATE)
~~ ~oU (~(NOTARY)
S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
(Sal)
bull ~ bull
48
1 the general character of your law practice and indicate by date when itscharacter has changed over the years
As an Associate at Arnold amp Porter I performed typical associate dutieslegal research memo writing document review drafting of briefs andother pleadings and drafting of contracts
In 1985 I became an Assistant Counsel to the House JudiciaryCommittee I researched legal issues drafted memos for the chairman andmembers of the subcommittee planned hearings assisted in the drafting oflegislative language and drafted committee reports
In 1995 I joined the Center for National Security Studies where Ianalyzed legislative proposals and wrote policy papers on matters relatedto domestic intelligence terrorism and government surveillance I alsoserved as special counsel to the non-profit National Security Archiveassisting in the preparation and appeal of FOIA requests
At the Center for Democracy and Technology which I joined in 1997 mylegal work has focused on legal and policy analysis
11 your typical clients and the areas at each period of your legal career ifany in which you have specialized
As an Associate at Arnold amp Porter typical clients of the firm includedcorporations large and small and a municipal utility district My mainsubstantive areas of practice were government and commercial contractsanti-trust and federal energy regulation In addition I provided pro bonorepresentation to several death row inmates in post convictionproceedings
At the Subcommittee my main substantive areas were oversight of theFederal Bureau of Investigation privacy and civil liberties I worked onissues at the intersection of national security and constitutional rightsincluding terrorism counterintelligence and electronic surveillance aswell as on crime issues including the procedures for the federal deathpenalty remedies for racial bias in death sentencing information privacyand police brutality
At the Center for National Security Studies and the National SecurityArchive the main client was the Archive itself in its pursuit of FOIArequests
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
I 0 ~WeS X [)e~ S Lthat the information provi d i thisof my knowledge true and accurate
do swearstatement is to the best
3S((DATE)
~~ ~oU (~(NOTARY)
S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
(Sal)
bull ~ bull
49
The Center for Democracy amp Technology does not have clients per seMy main area of focus has been the privacy and other civil liberties issuesthat arise in the national security and law enforcement contexts includingelectronic surveillance information sharing for counter-terrorismpurposes airline passenger screening cybersecurity and other issues Ihave also been extensively involved in CDTs international projectsproviding advice to Internet policy reformers in developing andtransitional countries studying and writing about the international policyframework for the Internet and engaging in international discussions onInternet policy
b Describe the percentage of your practice that has been in litigation and whetheryou appeared in court frequently occasionally or not at all If the frequency ofyour appearances in court varied describe such variance providing dates
1 Indicate the percentage of your practice in1 federal courts - 752 state courts of record - 53 other courts4 administrative agencies - 20
I am not a litigator A very small percentage of my practice has been in litigation I haveappeared in court only on a few occasions I have contributed to briefs in a variety of cases butwith the exception of death row habeas corpus cases I have rarely been the lead writer on a briefMy name appears on the briefs in the following published opinions
In re Sealed Case 310 F3d 717 (For Intel Sur Ct Rev 2002)
Issue Whether the Foreign Intelligence Surveillance Act as amended by the Patriot Actwas constitutional
On amicus brief with CDTACLUIEFFEPIC and Center for National Security Studies
United States Telecom Assn v FCC 227 F3d 450 (DC Cir 2000)
Issue Challenge to FCC order requiring telecommunication carriers to make certainmodifications to their networks to facilitate government interception
On the brief with Eugene Scalia John H Harwood II Lynn R Charytan MichaelAltschul Jerry Berman Lawrence E Sarjeant Linda L Kent John W Hunter and JulieE Rones (Ted Olson argued)
Texas Independent Producers Legal Action Assn v IRS 605 F Supp 538 (DDC 1984)
Counsel with Stephen M Sacks Arnold amp Porter James Craig Dodd Jones GungollJackson Collins amp Dodd
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
I 0 ~WeS X [)e~ S Lthat the information provi d i thisof my knowledge true and accurate
do swearstatement is to the best
3S((DATE)
~~ ~oU (~(NOTARY)
S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
(Sal)
bull ~ bull
50
My only significant litigation experience was in working on severalhabeas corpus post conviction cases while I was at the law firm priorto 1985
11 Indicate the percentage of your practice in1 civil proceedings - 100 (includes habeas corpus post-conviction
proceedings)2 criminal proceedings
c State the number of cases in courts of record including cases beforeadministrative law judges you tried to verdict judgment or final decision (ratherthan settled) indicating whether you were sole counsel chief counsel or associatecounsel
Between 1980 and 1985 I participated as associate counsel in three habeascorpus post-conviction cases that were tried to final decision
Briley v Bass 750 F2d 1238 (4th Cir 1984)
Ruling Dismissal of defendants habeas corpus petition affirmed
Counsel also included Gerald T Zerkin Zerkin Wright amp Heard and Richard JWertheimer
Stevens v Zant 580 F Supp 322 (SD Ga 1984)
Habeas corpus denied
Counsel with John Paul Batson Batson amp Shurtleff Daniel A Rezneck amp Steven GReade
Stevens v Kemp 254 Ga 228 327 SE2d 185 (1985)
State court habeas proceeding
Counsel with John P Batson Batson amp Shurtleff Daniel A Rezneck Steven G ReadeArnold amp Porter Washington DC Edward L Wolf
During that same time period I was associate counsel on other civil casesbut in more of a supporting role These tended to be complex and lengthycases involving many lawyers I cannot recall any cases that proceeded toverdict judgment or final decision
Between 1980 and 1985 I participated as associate counsel in a fewgovernment contract matters involving bid protests on behalf of commercialclients None of these was before a court I cannot recall the exact nature of
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
I 0 ~WeS X [)e~ S Lthat the information provi d i thisof my knowledge true and accurate
do swearstatement is to the best
3S((DATE)
~~ ~oU (~(NOTARY)
S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
(Sal)
bull ~ bull
51
the decision-maker but in at least one matter it was an administrative lawjudge
While special counsel to the National Security Archive I was counsel forthe plaintiff in Devine v CIA DDC - FOIA case filed March 1996
1 What percentage of these trials were1 jury2 non-jury - 100
d Describe your practice if any before the Supreme Court of the United StatesSupply four (4) copies of any briefs amicus or otherwise and if applicable anyoral argument transcripts before the Supreme Court in connection with yourpractice
I have never argued before the Supreme Court I have assisted in drafting briefsthat were filed in the Supreme Court and my name may appear on one or morebriefs but upon search of the CDT website I could not find any Supreme Courtbrief that bears my name
15 Litigation Describe the ten (10) most significant litigated matters which you personallyhandled whether or not you were the attorney of record Give the citations if the caseswere reported and the docket number and date if unreported Give a capsule summary ofthe substance of each case Identify the party or parties whom you represented describein detail the nature of your participation in the litigation and the final disposition of thecase Also state as to each case
a the date of representation
b the name of the court and the name of the judge or judges before whom the casewas litigated and
c the individual name addresses and telephone numbers of co-counsel and ofprincipal counsel for each of the other parties
I described above the cases in which I participated
16 Legal Activities Describe the most significant legal activities you have pursuedincluding significant litigation which did not progress to trial or legal matters that did notinvolve litigation Describe fully the nature of your participation in these activities Listany client(s) or organization(s) for whom you performed lobbying activities and describethe lobbying activities you performed on behalf of such client(s) or organizations(s)
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
I 0 ~WeS X [)e~ S Lthat the information provi d i thisof my knowledge true and accurate
do swearstatement is to the best
3S((DATE)
~~ ~oU (~(NOTARY)
S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
(Sal)
bull ~ bull
52
(Note As to any facts requested in this question please omit any information protectedby the attorney-client privilege)
As Assistant Counsel to the House Judiciary Committee the most significant pieces oflegislation that I worked on were the omnibus crime bills (1988 and 1994) and theCommunications Assistance for Law Enforcement Act (1994) My participation in theseactivities consisted of studying the issue at hand talking to experts in the fieldorganizing hearings meeting with Executive Branch officials to better understand theirinterests drafting memos for the Chairman and members of the Subcommittee assistingin the drafting of legislation drafting of committee reports or sections of committeereports and otherwise assisting the Subcommittee chair and chief counsel of theSubcommittee
At the Center for National Security Studies my most significant activities consisting ofresearch and writing focused on the antiterrorism legislation of 1996
At CDT my most significant activities centered around the PATRIOT Act and the 2007and 2008 amendments to FISA - writing and publishing analyses of the legislativeproposals and testifYing before this and other Congressional Committees More recentlyI have coordinated the formation of a coalition supporting updates to the ElectronicCommunications Privacy Act I am also very proud of the work I have done advisingreformers and government officials in developing and transitional countries on legal andpolicy reforms associated with oversight of intelligence agencies and the framework forInternet development
Within the limits of the provisions of the Internal Revenue Code governing tax-exemptorganizations I have lobbied on behalf of the organizations for which I have beenemployed namely the Center for National Security Studies and the Center forDemocracy and Technology My lobbying activities have been limited such that I havenever been required to register as a lobbyist
On behalf of the Center for National Security Studies (1995-1997) and the Center forDemocracy and Technology (1997 - present) my lobbying activities have consistedmainly in discussions (face-to-face telephonic or bye-mail) with Congressional staff(and to a small extent with Members of Congress) about pending legislation preparationfor such meetings drafting of analyses of legislative proposals coordination with otherorganizations engaged in lobbying activities and to a limited degree drafting ofgrassroots calls for action
17 Teaching What courses have you taught For each course state the title the institutionat which you taught the course the years in which you taught the course and describebriefly the subject matter of the course and the major topics taught If you have asyllabus of each course provide four (4) copies to the committee
I have not taught a course I have been a guest speaker in courses taught by others on afew occasions These are the ones I can recall two appearances at a course on Internetlaw taught by Sharon Anolik at Golden Gate University one appearance in a coursetaught by Prof Joel Paul at UC Hastings one appearance at a course on
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
I 0 ~WeS X [)e~ S Lthat the information provi d i thisof my knowledge true and accurate
do swearstatement is to the best
3S((DATE)
~~ ~oU (~(NOTARY)
S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
(Sal)
bull ~ bull
53
telecommunications policy taught by John Podesta at Georgetown University LawSchool one appearance at a course on national security law taught by John Marsh atWilliam amp Mary two appearances at a course taught by Sec Marsh at George MasonUniversity Law School and several appearances at courses taught by Dan Kuehl at theNational Defense University
18 Deferred Income Future Benefits List the sources amounts and dates of allanticipated receipts from deferred income arrangements stock options uncompletedcontracts and other future benefits which you expect to derive from previous businessrelationships professional services firm memberships former employers clients orcustomers Describe the arrangements you have made to be compensated in the futurefor any financial or business interest
Since the position for which I am nominated is a part-time position I plan to continue inmy current position as Vice President for Public Policy at the Center for Democracy ampTechnology I do expect future income from two employer retirement accounts CDTand the Thrift Savings Plan account created during my tenure as a Congressional stafferAdditionally I may continue to receive a small amount ofroyaIties from my bookTerrorism and the Constitution
19 Outside Commitments During Service Do you have any plans commitments oragreements to pursue outside employment with or without compensation during yourservice If so explain
Yes since the position for which I am nominated is a part-time position I plan tocontinue in my current position as Vice President for Public Policy at the Center forDemocracy amp Technology
20 Sources of Income List sources and amounts of all income received during the calendaryear preceding your nomination and for the current calendar year including all salariesfees dividends interest gifts rents royalties licensing fees honoraria and other itemsexceeding $500 or more (if you prefer to do so copies of the financial disclosure reportrequired by the Ethics in Government Act of 1978 may be substituted here)
See attached financial disclosure report
21 Statement of Net Worth Please complete the attached financial net worth statement indetail (add schedules as called for)
See attached Net Worth Statement
22 Potential Conflicts of Interest
a Identify the family members or other persons parties affiliations pending andcategories of litigation financial arrangements or other factors that are likely topresent potential conflicts-of-interest when you first assume the position to whichyou have been nominated Explain how you would address any such conflict if itwere to arise
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
I 0 ~WeS X [)e~ S Lthat the information provi d i thisof my knowledge true and accurate
do swearstatement is to the best
3S((DATE)
~~ ~oU (~(NOTARY)
S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
(Sal)
bull ~ bull
54
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
b Explain how you will resolve any potential conflict of interest including theprocedure you will follow in determining these areas of concern
In connection with the nomination process I have consulted with the Office ofGovernment Ethics to identify potential conflicts of interest I will resolve anypotential conflicts of interest in accordance with the terms of an ethics agreementI have entered into with the Office of Government Ethics
23 Pro Bono Work An ethical consideration under Canon 2 of the American BarAssociations Code of Professional Responsibility calls for every lawyer regardless ofprofessional prominence or professional workload to find some time to participate inserving the disadvantaged Describe what you have done to fulfill these responsibilitieslisting specific instances and the amount of time devoted to each If you are not anattorney please use this opportunity to report significant charitable and volunteer workyou may have done
While I was in private practice as an associate attorney at the law firm of Arnold ampPorter I spent a significant percentage of my time on pro bono matters representingindigent individuals on death row in their post-conviction proceedings More recently Ihave served in an unpaid capacity on the board of directors or advisory boards of severalnon-profit public interest organizations Since 2007 I have been one ofthe vicepresidents and a member of the board of directors of the Defending Dissent Foundation asmall grass-roots oriented non-profit that seeks to ensure that domestic intelligence andnational security activities do not improperly intrude upon First Amendment rights Priorto that from 2002 - 2007 I was vice president and a member of the board of directors ofthe First Amendment Foundation a small non-profit that advocated in favor of strongprotection of First Amendment rights I also serve on the advisory board of the Bill ofRights Defense Committee
64
AFFIDAVIT
I 0 ~WeS X [)e~ S Lthat the information provi d i thisof my knowledge true and accurate
do swearstatement is to the best
3S((DATE)
~~ ~oU (~(NOTARY)
S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
SJg--~t~~~~o~CAltY ~) c0C~u6-O ColtCc)lQ~
(Sal)
bull ~ bull
64
AFFIDAVIT
I 0 ~WeS X [)e~ S Lthat the information provi d i thisof my knowledge true and accurate
do swearstatement is to the best
3S((DATE)
~~ ~oU (~(NOTARY)
S~~laCountyof~~(ltgt)-Lo
Subscribed sworn to (or affirmed)Befor-me on this ~ daY of~(~lL by
ltXl ~ le (Y Egt~ 5 z I L rproved to meon
lt2 the basis of satisfactory evidence to be theperson~who appeared before me
